Ouzbékistan: refus de délivrer des visas de sortie à plusieurs défenseurs des droits humains de la région de Djizak

Your Excellency,

I am concerned following reports that a number of human rights defenders from the Djizak region have been denied exit visas or have had exit visa applications delayed for a number of months.

Ihtiyor Hamraev, member of the Human Rights Society of Uzbekistan (HRSU) and son of prominent human rights defender Bakhtiyor Hamraev; Saida Kurbonova, Chair of the HRSU in Pakhtakor district; Ziyadullo Razakov, Chairperson of the International Human Rights Society of Uzbekistan in Djizak district; Mamir Azimov, Chairperson of the HRSU in Djizak district; and Uktam Pardaev, Chairperson of Independent Human Rights Society of Uzbekistan in the Djizak district, have all applied to the Otdel vizy' i registratsiy (OVIR - Department of Visa and Registration) for exit visas as per State requirements for all citizens of Uzbekistan who request to leave the country. According to the visa application system requests will take 21 days to process.

Ihtiyor Hamraev applied for an exit visa on 16 March 2008 and paid 9,700 sums (approximately $8). He approached the head of the OVIR, Batir Satarov, on 6 occasions but was told that his application had been denied. Batir Satarov told Bakhtiyor Hamraev that the application has been refused on orders of the Uzbekistan National Security Service due to the fact that Ihtiyor Hamraev was recently released from prison. On 25 September 2006, Ihtiyor Hamraev was arrested and charged under Article 277(2)g of the Penal Code with hooliganism, and sentenced to three years in prison. He was released on amnesty on 2 February 2008. I believe that his arrest and conviction were related to his work in defence of human rights and his father's criticism of the Uzbek government. Ihtiyor Hamraev is currently in Kyrgyzstan where he is seeking asylum due to fears that he will be arrested and detained again.

Saida Kurbonova applied for an exit visa on 12 April 2008. She has since approached head of the OVIR, Batir Satarov, on 8 occasions and each time has been informed that permission to grant the visa has not yet been received from Tashkent. Saida Kurbanova was reportedly under threat of eviction from her home in February 2008 as a result of her organisation of, and participation in, a series of peaceful protests to protest against the lack of domestic heating and electricity in the Djizak region. She has previously been under surveillance by unidentified persons, has been attacked in the street and family members have been threatened.

Ziyadullo Razakov applied for an exit visa four months ago in April 2008. To date he has not received a response.

Mamir Azimov applied for an extension to his exit visa on 4 March 2008. He has approached the Department on 4 occasions to enquire into the progress of the application and each time has been informed that no response has been received from Tashkent.

Uktam Pardaev applied for a visa on 6 February 2008 but as of yet has not received a response. He submitted a written complaint to the head of OVIR, without response, and then a written complaint to the office of the Djizak Municipal Prosecutor, T.H. Sagatov.

It is believed that the refusal to grant exit visas to the above-mentioned human rights defenders is directly related to their work defending human rights and democracy in Uzbekistan and constitutes an attempt by the authorities to silence their critics and deny them the right to travel to discuss human rights violations in the country.

I urge the Uzbek authorities to:

1. Grant each of the afore-mentioned human rights defenders exit visas as soon as possible, or an official written response with full explanation of reasons for the denial of exit visa;

2. Ensure that all human rights defenders in Uzbekistan, carrying out their legitimate work in defence of human rights, are able to operate free of all restrictions and harassment.

I respectfully remind you that the United Nations Declaration on Human Rights Defenders, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders and their right to carry out their activities without fear of reprisals.

I would particularly draw attention to Article 6 (a): “Everyone has the right, individually and in association with others: (a) to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems,” and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Yours sincerely,