A/HRC/37/49/Add.2
monitoring mechanisms demonstrate a lack of respect for the right to privacy and reveal a
deficit of trust in its own citizens, but concerns have also been expressed against the overly
intrusive surveillance measures by the National Security Service. The Special Rapporteur
was also concerned to learn about the different “supervision” lists maintained by different
government agencies; it was unclear to him how many registers and “watch lists” currently
existed.
B.
Religious detainees
67.
The number of detainees imprisoned on vague charges relating to “religious
extremism”, “anti-constitutional” activity or membership in an “illegal religious group” —
also known as “religious detainees” — is unconfirmed. The estimate ranges between 5,000
and 15,000 individuals, while the official data is unknown. Thousands of Muslims have
allegedly been imprisoned on accusations of belonging to terrorist, extremist or banned
organizations or exercising the right to freedom of religion or belief. It is hard to know
whether those detainees were indeed involved in violence or other crimes or whether they
were only “guilty” of taking their faith seriously.
68.
The Special Rapporteur heard of individuals being randomly arrested at gatherings
in tea houses or on the streets and charged under articles 159 (infringements or
overthrowing of the constitutional order of the Republic of Uzbekistan) and 244 (2)
(creation, leadership or participation in religious extremist, separatist, fundamentalist or
other prohibited organizations) of the Criminal Code, which are both punishable with
imprisonment of 10 to 20 years. Some were also charged under article 216 (illegal
establishment or reactivation of illegal public associations or religious organizations and
active participation in their activities), which is punishable with imprisonment of up to five
years.
69.
The Special Rapporteur also received reports that many religious detainees have had
their terms arbitrarily extended by the prison administration for additional periods of one to
three years, sometimes repeatedly for alleged violations of internal prison rules (article 221
of the Criminal Code). In some cases, the cumulative extended terms were longer than the
original sentence. Furthermore, he received reports of religious detainees suffering from
beatings, mistreatment, torture and denial of the right to practise their religion in custody.
Some prisoners who tried to exercise their freedom of religion or belief while in detention
were reportedly punished for openly praying. Reading the Qur’an, Bible or other religious
literature was also banned.
70.
Families, especially mothers and wives of religious detainees, complained of their
breadwinners being imprisoned for a long time. Some lamented the arbitrarily extended
prison terms, while others expressed their feelings of injustice, as there is no alternative
mechanism to address their grievances. Some families faced difficulties visiting prisoners
(maximum of three days allowed per visit, but most of the time, that is reduced to one day
or half day) and letters or food to prisoners were sometimes blocked. Health facilities in
some prisons were reportedly limited, hence there was a lack of medicine for prisoners.
71.
Many prisoners reportedly did not have access to lawyers or were pressured to plead
guilty, while most lawyers were unwilling to take up the cases of religious detainees, as
they are considered difficult. Many prisoners complained of unfair trials, in which officials
who violated the law or abused their power were never prosecuted or punished. Despite
some judicial reform efforts, the challenges in the judiciary system, including the
independence of judges and lawyers, remain a concern. People sometimes resorted to
paying bribes to officials in order to resolve the cases of their family members.
72.
During his mission, the Special Rapporteur visited Jaslyk Prison, which, according
to the prison administration, housed about 700 inmates. He spoke with a number of
inmates, including a few in private. The warden told him that the inmates were free to
practise their faith so long as their practices did not violate internal prison rules, regulations
and strict schedules. The prison authorities cited the secular commitment of the
Constitution as grounds for not giving any special dispensation for practice of one’s faith.
For example, during Ramadan, prisoners who wished to observe the fast were free to retain
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