A/HRC/13/40/Add.1
for violations of established detention procedures and failure to comply with the lawful
requirements of the penal institution administration, he was sentenced by the Bostanlyk
district criminal court on 22 August 2008 to 3 years, 1 month and 17 days’ deprivation of
liberty under article 221, paragraph 2 (b), of the Criminal Code (Non-compliance with the
lawful requirements of the penal institution administration by persons convicted of serious
or very serious offences), and is serving his sentence in detention facility UY 64/51 (Kasan,
Kashkadarya province).
226. The Government indicated that the penal administration described him in
unfavourable terms. He was registered with the clinic on account of his chronic gastritis.
His state of health was satisfactory and he was capable of working. An investigation into a
complaint filed by Ms. U. Zulpakharova did not support her claims that Mr. Zulpakharov
had been tortured. The Government indicated that the penal institution medical service
workers and fellow prisoners in the colony said that no unlawful acts had been committed
against Mr. Zulpakharov. Reportedly, medical examiners found no indications or traces of
bodily harm while he was undergoing outpatient or inpatient treatment.
227. The main office for penal enforcement of the Ministry of Internal Affairs carried out
an audit pursuant to an appeal by the Special Rapporteurs of the Human Rights Council. It
established that according to the findings of the medical section of penal enforcement office
No. 51 of the Department of Internal Affairs of Kashkadarya province, Mr. Zulpakharov
was examined on 4 September 2008 and diagnosed with chronic gastritis. Mr. Zulpakharov
was given the necessary medical assistance based on this diagnosis and received inpatient
treatment between 17 to 25 September 2008 and 22 to 30 April 2009. Mr. Zulpakharov did
not complain to the medical service while serving his sentence about bodily harm
experienced, and his overall state of health was now satisfactory.
228. Moreover, the Government stated that Mr. Zulpakharov was not subjected to any
disciplinary action or locked up for violating internal procedures in March 2009. The penal
institution administration did not bring any physical or moral pressure to bear on Mr.
Zulpakharov while he was serving his sentence, and the Ministry of Internal Affairs
received no complaint or statement concerning torture from the prisoner himself.
(c)
Observations by the Special Rapporteur
229. The Special Rapporteur is grateful that the Government of Uzbekistan replied to the
joint urgent appeal of 22 April 2009.
2.
(a)
Urgent appeal sent on 9 September 2009 jointly with the Special Rapporteur on
extrajudicial, summary or arbitrary executions, and the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment
Allegations transmitted to the Government
230. The Special Rapporteurs brought to the attention of the Government information
they had received regarding Mr. Sobit Zufarov, aged 30, and his deceased brother, Mr.
Negmat Zufarov, aged 45 at the time of his death, both of Tashkent.
231. According to the information received, Mr. Negmat Zufarov was arrested in 1999 on
charges related to the practice of his religion. These charges included “upsetting the
constitutional order” (article 159 of the Uzbek criminal code) and “setting up, leading or
participating in a religious extremist, separatist, fundamentalist or other banned
organization” (article 244(2) of the Uzbek criminal code). In August 1999, Negmat
Zufaraov was sentenced to a 20-year prison term by the Tashkent District Court. On appeal
to the Supreme Court, the sentence was converted to an 18-year-sentence in a strict regime
prison. Negmat Zufaraov served the first five years of his prison sentence at Jaslyk prison,
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