E/CN.4/2006/5/Add.1
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422.
Reports indicated that no investigation was conducted into the actions of the
prison staff.
423.
According to the information received, the Uzbek Government was limiting
the number of adult Muslims who could go on the haj, or pilgrimage, to Mecca as
required by Islam. In 2004, only 4,200 of the more than 6,000 Uzbek citizens who
wanted to make the pilgrimage were allowed to go. The numbers were reportedly
controlled under an agreement between Saudi Arabia and Uzbekistan, by which the
Saudis only issue haj visas to Uzbeks whose names were on a list drawn up by
representatives of the State Committee for Religious Affairs and the state -controlled
muftiate, or Islamic religious leadership. Uzbek state control was further ensured as
Uzbek Muslims reportedly have to travel to Saudi Arabia by air using only the staterun Uzbek Airways. The cost of these flights would be prohibitively expensive for
most Uzbeks. The minority Shia Muslim community also experie nced problems in
making the haj with Sunnis.
424.
The Special Rapporteur was also informed that there had been an increase in
trials in which Muslim religious convictions form part of the case against devout
Muslims. Uzbekistan had reportedly imprisoned two followers of Sufi Islam in
February 2005. Indeed, reports indicated that, on 17 February, the Tashkent regional
criminal court sentenced Abdurashid Toshmatov and Nurali Umrzokov to six years
imprisonment. They were reportedly both accused of breaching articles 159
(undermining the constitutional order) and 244-1 (preparation or distribution of
materials containing a threat to public security and public order) of the Criminal
Code. It was reported that it was clear during the trial that both Muslims were
adherents of the Sufi Naqshbandi order. It was alleged that Hizb-ut-Tahrir leaflets
were planted on them during their arrest and that they were tortured while in detention
in an attempt to extract a confession from them. Concerns had been expressed that the
case against the two men was completely fabricated and that they had no connection
to the banned Islamist Hizb-ut-Tahrir movement whatsoever.
425.
On 14 February 2005, Tashkent City Criminal Court sentenced Ismatullo
Kudratov, Dilshod Yuldashev, and Batyr Yuldashev to 7 years' imprisonment,
Hasan Asretdinov to 6 years, Abdullo Nurmatov, Negmajan Ermatov and Karim
Ziyayev to five and a half years, Eamberdiyev to five years, all under article 244-2,
part 1 of the Criminal Code (forming religious extremist organisations). The eight
men were reportedly accused of studying Islam from the position of Wahhabism. It
was reported that the court recognized that their only guilt was that they studied Islam
together and adhered to the Hanbali school of Islam. Reports indicated that they had
made no attempt to change the country's religious life by spreading their views to
other Muslims. The meetings of the eight men were allegedly a sort of "club" of likeminded people, who discussed religion and read the Koran. Unlike traditional Uzbek
Muslims, these Muslims regarded the veneration of mazars and extravagant weddings
and funerals as deviations from Islam.
Response from the Government dated 2 August 2005
426.
The Government informed that the import of religious relics into Uzbekistan
is covered by Cabinet of Ministers decision No.131 of 23 March 1999 regulating the
import and export of cultural property. In this connection, the competent bodies in