Uzbekistan: Human rights defender, Mr Ganihon Mamathanov, sentenced to five years in prison on fabricated charges

Uzbek human defender Mr Ganihon Mamathanov was sentenced to five years in prison on charges of extortion and bribery, on 25 November 2009. Ganihon Mamathanov is a defender of social rights, particularly of farmers' land rights, and is one of the last human rights defenders working in the Fergana valley. He collaborates with the Radio Liberty Uzbek Service.

Further Information

On 10 October 2009, Ganihon Mamathanov was arrested and detained on charges of extortion and bribery at the Fergana market where an unidentified person reportedly planted the sum of 500,000 sums (about $330) in his pocket.

Ganihon Mamathanov's trial began on 16 November. Because of the absence of the main witness who alleged that the human rights defender had extorted money from him, the trial was postponed to 23 November 2009. On 25 November, the district court of Fergana region found Ganihon Mamathanov guilty under Articles 168 part 3 (extortion) and 211 part 3 (bribery) of the Uzbek Criminal Code, and sentenced him to five years in prison.

According to sources in Uzbekistan, the charges against Ganihon Mamathanov were linked to his defence of farmers' rights in Fergana valley. In late October 2009, Uzbek President Karimov published Decree N3077, which aims to promote the enlargement of private farms. The text of the decree was not made public, and Ganihon Mamathanov denounced its application by the local authorities which consisted, in reality, of the confiscation and unlawful redistribution of the land of small-holding farmers to bigger landowners.

After Ganihon Mamathanov publicly criticised the decree, he was threatened by the head of local administration. On 30 October 2009, Ganihon Mamathanov addressed a letter to President Karimov explaining the negative social consequences for the region of the application of Decree N3077 in practice. If he failed to receive any reaction in relation to his protests, Ganihon Mamathanov had planned to go on hunger strike during the celebration of Uzbek Constitution Day, from 8 to 12 December.

Front Line believes that the conviction and sentencing of Ganihon Mamathanov is directly related to his work in the defence of human rights, particularly land rights, and appears to form part of an ongoing trend of repression against the defenders of small landowners' rights in Uzbekistan. In July 2009, Ms Oyazimhon Hidirova, a member of the International Society of Human Rights of Uzbekistan, who works in the defence of farmers' land rights in the Djizak region, was arrested on charges of 'fraud', 'tax evasion' and 'hooliganism', before being granted amnesty on 30 August 2009. In 2009 alone, at least four Uzbek human rights defenders were sentenced to long-term imprisonment under fabricated charges. Front Line is concerned for the physical and psychological integrity of Ganihon Mamathanov and all Uzbek human rights defenders.

Front Line urges the Uzbek authorities to:

1. Immediately overturn the sentence against human rights defender Ganihon Mamathanov and release him, as Front Line believes that he is being held solely as a result of his legitimate and peaceful work in the defence of human rights;

2. Carry out an immediate, thorough and impartial investigation into the arrest and detention of Ganihon Mamathanov, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;

3. Ensure that the treatment of Ganihon Mamathanov, whilst in detention, adheres to all those conditions set out in the “Basic Principles for Treatment of Prisoners, adopted by General Assembly Resolution 45/111 of 14 December 1990”;

4. Take all necessary measures to guarantee the physical and psychological security and integrity of Ganihon Mamathanov and all Uzbek land rights activists;

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