A/HRC/13/40/Add.1
221. For ease of reference, the Special Rapporteur also transmitted a table containing the
conclusions and recommendations in the related mission report (A/HRC/7/10/Add.3) as
well as follow-up information from relevant United Nations documents, including from the
Human Rights Council’s Universal Periodic Review, Special Procedures and Treaty Bodies.
The Special Rapporteur asked the Government to provide her with updated information on
the consideration given to these recommendations, the steps taken to implement them, and
any constraints which may prevent their implementation. This table, including any
information provided by the Government, is available online on the Special Rapporteur’s
website (www2.ohchr.org/english/issues/religion/visits.htm).
W.
1.
(a)
Uzbekistan
Urgent appeal sent on 22 April 2009 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression, and the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment
Allegations transmitted to the Government
222. The Special Rapporteurs brought to the attention of the Government information
they had received regarding Mr. Zulpakharov Amangeldi Zhumadullugli, aged 39. On 30
August 1999, Mr. Zulpakharov Amangeldi Zhumadullugli was sentenced to a prison term of
nine years under article 159 of the Criminal Code (“Attempt at changing the constitutional
order of the Republic of Uzbekistan”) on the basis of two Hisb-ut-Tahrir leaflets the police
found when searching his house. He was first detained in KIN 64/61 in Karshi, then
transferred to 64/49 and 64/25 in Bukhara. Between 2003 and 2008, he was held in KIN
64/3 in Tavaksay, Tashkent Oblast. Few days before his sentence was to come to an end, he
was brought before court for allegedly disobeying orders of the penitentiary administration,
sentenced to an additional term of two and a half years and taken to the strict regime colony
KIN 64/51 in Koson, Bukhara Oblast.
223. In March 2009, reportedly in order to punish him for praying, Mr. Zulpakharov
Amangeldi Zhumadullugli was confined to a punishment cell and subjected to severe
beatings. As a result, he suffers from fractures of one of his hands and of his collarbones.
The Special Rapporteurs asked the Government if a complaint had been lodged by or on
behalf of Mr. Zulpakharov and they requested further details, and where available the
results, of any investigation, medical examinations, and judicial or other inquiries carried
out in relation to this case.
(b)
Response from the Government dated 5 June 2009
224. By letter dated 5 June 2009, the Government of Uzbekistan provided the following
information on the case of Mr. Zulpakharov Omongeldi Zhumadillaevich, an Uzbek born in
1970 in the Chinaz district of Tashkent province, who had no previous convictions and was
unemployed prior to his arrest. The Chinaz district criminal court sentenced him on 26
November 1999 to nine years’ deprivation of liberty under the following articles of the
Criminal Code of Uzbekistan: article 159, paragraphs 3 (a) and (b) (Repeated breach of the
constitutional order of the Republic of Uzbekistan by or in the interests of an organized
group); article 244-1, paragraph 3 (a) (Preparation or distribution of material posing a threat
to public safety and public order in concert with a group of persons); and article 216
(Unlawful organization and active participation in the activities of illegal associations or
religious organizations).
225. As Mr. Zulpakharov was liable to disciplinary measures on several occasions while
serving his sentence in detention facility UY 64/3 (Bostanlyk district of Tashkent province)
53