Adopts the following: VIEWS UNDER ARTICLE 5, PARAGRAPH 4, OF THE OPTIONAL PROTOCOL 1. The authors of the communication are Mr. Rakhim Mavlonov and Mr. Shansiy Sa'di, Uzbek citizens of Tajik origin, dates of birth unspecified, residing in the Samarkand region of Uzbekistan at the time of submission of the communication. [FN1] They claim to be victims of violations by Uzbekistan FN2 of their rights under article 19 and article 27, read together with article 2, of the International Covenant on Civil and Political Rights. They are represented by counsel, Mr. Morris Lipson and Mr. Peter Noorlander, lawyers employed by the non-governmental organization "Article 19". -----------------------------------------------------------------------------------[FN1] On 15 November 2006, the counsel informed the Committee that in the period since the communication was submitted Mr. Mavlonov has had to flee Uzbekistan. [FN2] The Optional Protocol entered into force for the State party on 28 December 1995. -----------------------------------------------------------------------------------FACTUAL BACKGROUND THE CASE OF MR. MAVLONOV 1. 2.1 Mr. Mavlonov is the editor of the newspaper "Oina" and Mr. Sa'di is a regular reader of the same newspaper. "Oina" was published almost exclusively in the Tajik language, principally for a Tajik audience. It was the only non-governmental Tajik-language publication in the Samarkand region of Uzbekistan. Issues of "Oina" were published bi-weekly, and were distributed to dozens of schools that use Tajik as the language of instruction. Each such school received between 25 and 100 copies. In addition to the schools, "Oina" had approximately 3000 subscribers, and approximately 1000 copies of the newspapers were sold by street vendors. 2. 2.2 Consistent with the goals of its statutes, "Oina" published articles containing educational and other materials for Tajik-language students and young persons, to assist in their education, to promote a spirit of tolerance and a respect for human values, and to assist in their intellectual and cultural development. In addition to publishing reports on events and matters of cultural interest to this readership (including interviews with prominent Tajik personalities), the newspaper published samples of students' work. It also detailed particular difficulties facing the continued provision of education to Tajik youth in their own language, including shortages of Tajik-language textbooks, low wages for teachers and the forced opening of classes using Uzbek as the language of instruction in some schools where Tajik had previously been the only language of instruction. 2.3 "Oina" was initially registered on 8 November 1999. Its founders were the private firm "Kamol", the Samarkand City Bogishamal District Administration and Mr. Mavlonov, as an editor. In the spring of 2000, the private firm "Kamol" and the Samarkand City Bogishamal District Administration opted out as "Oina's" founders. In accordance with the Uzbek Law "On Mass Media" of 26 December 1997 [FN3] and applicable regulations, it was required that the newspaper re-register. On an unspecified date, "Oina" applied for re-registration, with a public entity, the "Kamolot" Foundation's Samarkand City branch, and "Simo", a private firm formed by Mr. Mavlonov, as the newspaper's two founders. The application was approved by the Press Department of the Samarkand Regional Administration, the entity responsible for the registration of applications in the Samarkand region (hereinafter, "Press Department"), and "Oina" was re-registered on 17 August 2000. It resumed publication shortly thereafter. Its circulation was approximately the same as before the re-registration, and the same schools continued to subscribe to and to receive copies of the newspaper. ------------------------------------------------------------------------------------