A/HRC/13/40/Add.1
where he sustained multiple beatings and ill-treatment as punishment for his praying.
Negmat Zufaraov’s family wrote letters of concern about his ill-treatment to the Uzbek
Ministry of Internal Affairs Directorate of Prison, the General Prosecutor’s Office, and the
Ombudsman’s office – the responses were dismissive and no action was taken in response
to the allegations.
232. In 2004, Negmat Zufaraov was transferred to a prison in Chirchik, and then
subsequently to Zarafshan prison colony. In spring 2007, he was sentenced to an additional
20 months in prison to be served in Zarafshan, allegedly for violating prison rules. His
family had not been informed in advance of the charges, nor were they sent a copy of the
verdict. Whilst he was at Zarafshan prison, Negmat Zufaraov was allegedly subjected to
torture and ill-treatment over several years. In particular, he was beaten by four fellow
inmates with plastic bottles filled with water, and regularly placed in an isolation cell as
punishment for praying. Even when he was in isolation, the fellow inmates who had beaten
Negmat Zufaraov, were allowed access to him, and continued to beat him. In mid-May
2009, Negmat Zufaraov commenced a hunger strike, demanding that he be allowed to pray.
After six days, he was force-fed by prison authorities, who also performed a forced enema
on him, using pepper solution. The beatings allegedly continued after his hunger strike.
233. When his family visited him between 2 and 5 June 2009, Negmat Zufaraov informed
them that he was being subjected to intensified ill-treatment in prison, to the point where he
feared for his life. On 16 June 2009, prison authorities telephoned Negmat Zufaraov’s
family and informed them that he had committed suicide. His body was delivered to his
family who were also given a death certificate stating that he had died of “mechanical
asphyxiation”. However, Negmat Zufaraov’s body displayed signs of ill-treatment,
including wounds to the head, visible blood clots, a hematoma on his neck, and bruises on
his back. Negmat Zufaraov’s family was instructed by the prison authorities to bury him the
next morning, without any opportunity for a medical examination of his body. The burial
was observed by police, who also monitored the family’s house in the days following the
return of Negmat Zufaraov’s body.
234. In 2000, the brother of Negmat Zufarov, Sobit Zufarov, was also arrested for
religion-related charges. In spite of a serious medical condition, he was sentenced to 8
years’ imprisonment in a strict regime prison in 2000, and is currently serving time in
Prison Colony 46 in Navoi region. In January 2008, just prior to his release date, Sobit
Zufaraov was charged with violating prison rules, and was sentenced to a further 3 years
and 6 months imprisonment. There have been reports that Sobit Zufaraov was being illtreated in prison, including being placed in an isolation cell for up to six months as
punishment for praying. In light of above allegations of isolation, concern is expressed in
relation to Sobit Zufarov’s physical and psychological integrity.
235. The Special Rapporteurs appealed to the Government to ensure the right to freedom
of religion or belief in accordance with the principles set forth in the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief
and article 18 of the Universal Declaration on Human Rights as well as of the International
Covenant on Civil and Political Rights. Furthermore, they referred to General Assembly
resolution 63/181, in which the Assembly recognizes with concern the situation of persons
in vulnerable situations, including persons deprived of their liberty. The Special
Rapporteurs also recalled the conclusions of the Human Rights Committee in a custodial
death case (Dermit Barbato v. Uruguay, communication no. 84/1981 of 21 October 1982,
paragraph 9.2) and indicated that, in order to overcome the presumption of State
responsibility for a death in custody, there must be a “thorough, prompt and impartial
investigation of all suspected cases of extra-legal, arbitrary and summary executions,
including cases where complaints by relatives or other reliable reports suggest unnatural
death in the above circumstances” (Principle 9 of the Principles on the Effective Prevention
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