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Khayrullo Mirsaidov detained

Status: 
Sentenced in Absentia
About the situation

On 11 January 2019, Khujand City Court sentenced Khayrullo Mirsaidov to eight months in prison for his “unauthorised” departure from Tajikistan to Georgia in October 2018.

On 22 August 2018, Sughd Regional Court overturned Khayrullo Mirsaidov’s 12 year prison sentence and ruled to release him after nine months in detention. Nevertheless, he has been found guilty of “embezzlement” under part 4(b) of Article 245 of the Criminal Code of Tajikistan, “forgery” under part 1 of Article 340, and “providing false testimony” under part 2 (a) of Article 346.

About Khayrullo Mirsaidov

khayrullo_mirsaidov.jpgKhayrullo Mirsaidov has been an independent journalist and political analyst for the past 17 years. He has reported for Deutsche Welle, Asia-Plus, and the Fergana media outlets, among others. Khayrullo Mirsaidov has often written about human rights issues, ecological problems, and respect for ethnic minorities. He also worked as a media development trainer on projects sponsored by the Organization for Security and Co-operation in Europe (OSCE), the United Nations Development Programme (UNDP), the Department for International Development (DFID), and the Index on Censorship.

16 January 2019
Khayrullo Mirsaidov sentenced in absentia to eight months in prison

On 11 January 2019, Khujand City Court sentenced Khayrullo Mirsaidov to eight months in prison for his “unauthorised” departure from Tajikistan to Georgia in October 2018. The sentence replaces a two-year “public utility work” sentence that had previously been handed down by the Court on 22 August 2018. On the same day, the human rights defender was ordered to pay a fine of 80,000 Tajik somoni (around €7,300), which has since been paid in full.  

Khayrullo Mirsaidov had been an independent journalist and political analyst for the 17 years prior to his detention in December 2017. He has reported for Deutsche Welle, Asia-Plus, and the Fergana media outlets, among others. Khayrullo Mirsaidov has often written about human rights issues, ecological problems, and respect for ethnic minorities. He also worked as a media development trainer on projects sponsored by the Organization for Security and Co-operation in Europe (OSCE), the United Nations Development Programme (UNDP), the Department for International Development (DFID), and the Index on Censorship.

According to the human rights defender, he went to Georgia in mid-October 2018 to improve his health after having been detained for nine months between December 2017 and August 2018 in Khujand, Tajikistan. His relatives waited until after his departure to notify the Penitentiary Service. He was charged in absentia with “unauthorised departure” on 11 January 2019.

On 11 July 2018, Khayrullo Mirsaidov was found guilty of “embezzlement”, “forgery”, and “providing false testimony” and sentenced to twelve years in prison by Khujand City Court. On 22 August 2018, Sughd Regional Court overturned the twelve-year prison sentence and granted his release. He was nevertheless ordered to pay a fine of 80,000 Tajik somoni and sentenced to two years of “public utility work” with 20 per cent of his salary being paid to the State. On his release, he was required to sign a document stating that he would not leave the country.

24 August 2018
Khayrullo Mirsaidov released

On 22 August 2018, Sughd Regional Court overturned Khayrullo Mirsaidov’s 12 year prison sentence and ruled to release him after nine months in detention. Nevertheless, he has been found guilty of “embezzlement” under part 4(b) of Article 245 of the Criminal Code of Tajikistan, “forgery” under part 1 of Article 340, and “providing false testimony” under part 2 (a) of Article 346.

As a result of his conviction, the Court ordered Khayrullo Mirsaidov to pay a fine of 80,000 Tajik somoni (€7,300). He has also been ordered to pay 20% of his salary to the State over the next two years, a punishment in Tajikistan known as “public utility work”. A further hearing is scheduled for late August to appeal his conviction, as the defender denies all charges against him.

On 11 July 2018, Khujand City Court condemned Khayrullo Mirsaidov to 12 years’ imprisonment in a strict regime prison colony. On 5 December 2017, the regional Prosecutor General’s office arrested and detained the human rights defender in Khujand, in Tajikistan’s northern Sughd region. The charges against him were brought after Khayrullo Mirsaidov published an open letter to Tajikistan’s President to draw his attention to corruption among local authorities.

Front Line Defenders welcomes the reduction of Khayrullo Mirsaidov’s sentence, however it condemns his conviction and the fine handed down against him. Front Line Defenders believes that he should never have been convicted in the first place for activities linked solely to his peaceful and legitimate work in defence of human rights.

13 July 2018
Khayrullo Mirsaidov sentenced to 12 years’ imprisonment

On 11 July 2018, Khujand City Court condemned Tajik human rights defender Khayrullo Mirsaidov to 12 years’ imprisonment in a strict regime prison colony.

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Khayrullo Mirsaidov was found guilty of “embezzlement” under part 4(b) of Article 245, “forgery” under part 1 of Article 340, and “providing false testimony” under part 2(a) of Article 346 of the Criminal Code of Tajikistan.

On 11 July 2018, the Embassies of the United Kingdom, Germany, France, the United States, and the EU Delegation in the Republic of Tajikistan expressed their common grave concern over the trial of Khairullo Mirsaidov, stating that his “sentencing will have a negative impact on the freedom of media and expression in Tajikistan”.

On 5 December 2017, the regional Prosecutor General’s office arrested and detained the human rights defender in Khujand, in Tajikistan’s northern Sughd region. The charges were brought after Khayrullo Mirsaidov published an open letter to Tajikistan’s President to draw his attention to the corruption of local authorities.

On 10 November 2017, Khayrullo Mirsaidov wrote an open letter to President Emomali Rahmon, Prosecutor General Yusuf Rahmon, and the Head of the Sughd region Abdurakhmon Kodiri, asking them to investigate the alleged attempts by Olim Zohidzoda, Head of the Sughd Department of Youth and Sport, to solicit a US $1,000 bribe from funds allocated by Sughd authorities to the local youth satirical comedy troupe managed by the defender.

Following its publication, tax authorities and the Prosecutor General’s office simultaneously began investigating him. The Head of the Sughd Department of Youth and Sport accused Khayrullo Mirsaidov of embezzling the funds.

Front Line Defenders condemns the harsh sentence of Khayrullo Mirsaidov as it is believed to be linked to his vocal criticism on issues of corruption.

Front Line Defenders urges the authorities in Tajikistan to:

1. Immediately and unconditionally release Khayrullo Mirsaidov and quash his conviction as it believes that his imprisonment is solely as a result of his peaceful and legitimate work in exercising his freedom of expression exposing corruption in Tajikistan.

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

15 December 2017
Detention of human rights defender Khayrullo Mirsaidov

UPDATE:The deadline for the investigation of the criminal case against Khayrullo Mirsaidov, who was charged after publishing an open letter to Tajikistan’s president to draw his attention to the corruption of local authorities, has been extended for another two months at the request of the prosecutor. Khayrullo Mirsaidov’s detention period was due to lapse on 5 April 2018, but has been now extended to June 2018. He remains in pre-trial detention in Khujand, Tajikistan.

On 5 December 2017, the regional Prosecutor General’s office arrested and detained an independent journalist and head of a local comedy troupe Khayrullo Mirsaidov in Khujand.

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On 5 December 2017, the regional Prosecutor General’s office arrested and detained Khayrullo Mirsaidov in Khujand, in Tajikistan’s northern Sughd region, on charges of embezzlement under part 4b of the Article 245, incitement of interethnic, national, or religious hatred under part 2g of the Article 189, forgery under part 1 of the Article 340, and providing false testimony under part 2a of the Article 346 of the Criminal Code. If found guilty, he can face up to 21 years in prison. The charges were brought after Khayrullo Mirsaidov published an open letter to Tajikistan’s President to draw his attention to the corruption of local authorities.

On 10 November 2017, Khayrullo Mirsaidov wrote an open letter to President Emomali Rahmon, Prosecutor General Yusuf Rahmon, and the Head of the Sughd region Abdurakhmon Kodiri, asking them to investigate the alleged attempts by Olim Zohidzoda, Head of the Sughd Department of Youth and Sport, to solicit a US$ 1,000 bribe from the funds Sughd authorities allocated to the local youth satirical comedy troupe managed by Khayrullo Mirsaidov.

Following the publication, tax authorities and the Prosecutor General’s office simultaneously began investigating the team. Head of the Sughd Department of Youth and Sport accused  Khayrullo Mirsaidov of embezzling the funds.

Front Line Defenders condemns the arrest and detention of Khayrullo Mirsaidov, as it believes they are solely linked to his open and public denunicatioin of corruption in Tajikistan.

Front Line Defenders urges the authorities in Tajikistan to:

1. Immediately and unconditionally release human rights defender Khayrullo Mirsaidov and drop all charges against him;

2. Ensure Khayrullo Mirsaidov to be free from the ill treatment, while in detention and have access to a lawyer, and should move promptly to secure his release, adheres to the conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment', adopted by UN General Assembly resolution 43/173 of 9 December 1988;

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