A/HRC/37/49/Add.2
60.
Mahallas set up family clinics which give advice on marriage, regularly visit
households to identify problems, including teenagers and carry out early intervention in
various situations. They also help the authorities to keep an eye on everyone in the
neighbourhood and report as they find fit. Currently, there are also Prevention Officers
(full-fledged agents of the Ministry of the Interior) permanently stationed in each Mahalla.
Although, Mahallas are theoretically independent, many have indicated that, in practice,
they are under State control, and are another State monitoring mechanism or at least an
extension thereof.
61.
In 2014, former President, Islam Karimov, signed the Law on Prevention of
Violations of the Law (hereafter, the “Prevention Law”) that gave wide-ranging powers to
State bodies, including Mahallas, non-State and non-commercial public organizations to be
further involved in combating suspected “antisocial activity” in cooperation with the police.
The activities monitored included those of unregistered religious organizations and the
exercise of the right to freedom of religion or belief without State permission, to ensure the
compliance of citizens with the 1998 Law and prohibit the propagation of religious views.
62.
The Prevention Law also created the Preventive Register. Article 29 of the Law
specifies the “prevention measures” to be used, including prophylactic talks, official
warnings, social rehabilitation, placing on the Preventive Register, referral for compulsory
treatment and administrative supervision. In addition, article 34 states that those on the
Preventive Register are subject to a range of “preventive measures” by the police aimed at
“correcting them and warning against the conducting of repeat offences”. The Law
automatically places those convicted by the courts as well as those convicted of a wide
range of administrative offences on the Register for one year or more. A person will be
recorded for each separate crime or offence on the Register. Under article 31 of the Law, a
person is required to sign any written warning issued to them. The person’s employer,
educational establishment and the Mahalla where they live may also be informed.
63.
Many State bodies could place individuals on the Preventive Register, which has led
to possible abuse of the Register as people may arbitrarily be put on the Register for many
years, with or without notification. The Mahallas apparently pay particular attention to
advocates of new strains of Islam. In some cities, the Mahallas allegedly collected
information about the residents’ religious practices and beliefs, including whether or not the
person had a beard, with whom they gathered and spoke about, and who had taught them or
their children about Islam.
64.
At its peak, the Preventive Register had over 17,000 persons, although the number
has now been reduced, as part of the reform measures initiated by the President, to just over
1,000. In June 2017, the President ordered the review of individual cases of detention of
persons in custody and at least 16,000 people were removed from the Register. The Special
Rapporteur welcomes the removal of those people and urges the Government to discontinue
the practice of putting people on the Preventive Register or any “supervision” list. It was
also encouraging to see that the Government had embarked on a programme of
reintegration into the community those citizens who had been stigmatized or ostracized for
alleged religious extremism.
65.
Approximately six million Uzbekistan citizens who work abroad, mostly in Russia
and Turkey, are also subject to State monitoring or surveillance. Many interlocutors, both
State officials and civil society, expressed concern that most of those young people were
vulnerable to radical Islamic preaching owing to their poor understanding of religions and
their expatriate status. The authorities informed the Special Rapporteur that a programme
was underway to address those concerns, which involved sending officials abroad to
provide information on Islamic teachings, as a preventive measure, so as to prevent the
young people from being influenced by radical ideas and groups. Others expressed concern
that this was yet another way of monitoring the activities of nationals abroad as well as
their families back home. Nonetheless, the Special Rapporteur welcomes the opening of
consulates in areas that have many migrants in order to provide better support for migrant
workers in difficulty.
66.
However, the monitoring of citizens by the State, in addition to the use of overly
broad definitions of extremism, is rather worrying. Not only do these preventive and
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