Turkménistan: arrestation du militant écologiste Andrey Zatoka

Your Excellency,

Human rights defender Mr Andrey Zatoka has been arrested in Turkmenistan. Andrey Zatoka is a prominent ecologist and human rights activist.

On 20 October 2009 at approximatively 11.00am at the market in Dashoguz, Turkmenistan, Andrey Zatoka was assaulted by an unknown man.

Andrey Zatoka realised that it was a provocation, tried to avoid the man and called the police. But the policemen then arrested Andrey Zatoka himself and detained him in one of the city's police stations.

Later that day at around 21.00 he called one of his friends and said that he was going to be released. However, Andrey Zatoka was later told that he would remain in pre-trial detention because he is suspected of attacking a passer-by and of injuring him, causing concussion and a fractured arm. These injuries have allegedly been confirmed by a medical expert and the testimony of three witnesses.

On 21 Ocotober 2009, Andrey Zatoka was placed in a detention cell. No one is allowed to see him.

Andrey Zatoka was previously arrested on 17 December 2006. On 31 January 2007, the city court of Dashoguz sentenced him to four years' imprisonment on charges of illegal storage of weapons and turnover of poisonous substances, as well as illegal production of snake venom.

It is thought that his sentence would have been higher but for strong international support for Andrey Zatoka and the death of Turkmen President Niazov.

In September 2007, Mr Zatoka received an amnesty. According to Turkmen legislation, the pardon of convicted people automatically means cancellation of their criminal record. Despite this fact and his Russian citizenship, Mr Zatoka was prevented by the Turkmen authorities from travelling - he was not able to leave Turkmenistan nor visit his family in the Russian Federation. In addition, the Ecological Club of the city of Dashoguz, founded by Mr Zatoka, was previously deprived of its registration by Turkmen authorities in 2003. I believe that Mr Zatoka's arrest is directly related to his peaceful activity in the defence of human rights. I fear for the security and physical and psychological integrity of Andrey Zatoka.

I urge the Turkmen authorities to:

1. Immediately and unconditionally release Andrey Zatoka, as I believe that he is being held solely as a result of his legitimate and peaceful work in the defence of human rights;

2. Ensure that the treatment of Andrey Zatoka, while in detention, adheres to all those conditions set out in the “Basic Prinicples for Treatment of Prisoners, adopted by General Assembly Resolution 45/111 of 14 December 1990”;

3. Take all necessary measures to guarantee the physical and psychological security and integrity of Mr Zatoka;

4. Guarantee in all circumstances that human rights defenders in Turkenistan are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw attention to Article 6 (b and c): “Everyone has the right, individually and in association with others: (b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, 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,