The Rapid Response Group on Prevention of Torture in Uzbekistan (RRG) has earlier distributed (see electronic distribution of the RRG from September 24^th 2007) the appeal of the family Nozimov to the President of the Republic of Uzbekistan on occasion of torture and falsification of criminal cases concerning three members of their family by the side of Bukhara regional Department of the National Service of Security (NSS) and Bukhara regional Office of the Public Procurator. Under the new information received recently from the members of the family Nozimov, torture and falsification of the proofs of the criminal cases against the three members of the family is still proceeding. In the following report the RRG describes the new facts of the given case.  

Summary of the case:  

The RRG considers the criminal cases against Nozimovs (Nozimov Askar Makhmudovich Ц an ex-hokim (mayor) of Romitan district of Bukhara region, Nozimov Alisher Askarovich Ц a son of Askar Nozimov, and Nozimov Rustam Makhmudovich Ц a brother of Askar Nozimov) as a very indicative case to understand how the system of law enforcement bodies, including the criminal justice system and other administrative resources, are applied to get rid of the political enemies and economic competitors at the local levels in Uzbekistan. The case under consideration is also very indicative because the RRG has noted in these cases obvious facts of torture and similar ill-treatment against the defendants, threats and pressure of the Office of the Public Procurator and the regional department of the NSS on the relatives of the defendants and witnesses of the defense, forcing of the expertsand witnesses to provide false testimonies.  

The president of the Republic of Uzbekistan I. Karimov visited also Romitan district during his last visit to Bukhara region on June, 14^th 2007. He has publicly appraised the work of the hokim of Romitan district Askar Nozimov. At the meeting with the local farmers and the district hokim the President has expressed his gratitude for economic achievements of the district, emphasized that now the time for fruitful work the district hokim has come, took publicly Askar Nozimov aside and had with him a long private conversation. And on the contrary at the session of the regional Council of the people's representatives (local legislative bodies) the President has expressed a dissatisfaction with the work of Bukhara regional hokim. Gossips went around all over Bukhara region that Askar Nozimov might be promoted and appointed a new hokim of the region.  

Having seen that, some unfriendly political opponents of Askar Nozimov in Bukhara area started looking for ways of preventing this. For this purpose they have started to apply all forces and means of the regional law enforcement bodies. Soon Alisher Nozimov Ц the district hokimТs son was detained and accused under articles 118 part 3 section УdФ (Rape) and 103 part 2 (Bringing a person to suicide) of the Criminal code. Askar Nozimov was told to voluntarily step down from his office of the hokim of Romitan district. He was promised that they will set free his arrested son if he leaves his office. Askar Nozimov stepped down from his office but his son remained in detention. Having seen that the promise wasnТt fulfilled he has unsuccessfully tried to get back to his ex-office.  

Soon a native brother of district hokim Rustam Nozimov was detained accused of some economic crimes. Later some charges in anti-constitutional and extremist religious activities have been added against the charges of R. Nozimov. (articles 244-2 - Creation, management, participation in religious extremist, separatist, fundamentalist or other forbidden organizations, 216 - Illegal organization of public associations or religious organizations, 209 - Official forgery, 155 - Terrorism, 184 - Evasion of payment of taxes or other payments, 189 - Infringement of rules of trade or rendering of services, 179 Ц Forged entrepreneurship, and other articles of the Criminal code of the Republic of Uzbekistan.   

As a result of such barbarity ex-hokim of Romitan district Askar Nozimov had a heart attack and was forced to be hospitalized at the National Specialized Cardiological Center in Tashkent. While ex-hokim was under a medical treatment in a grave condition of his health in the Cardiological Center head of Investigation section of Bukhara regional Department of the NSS L. Imomov accompanied by a NSS operative officer by name Asad and two unidentified NSS operative officers came to the hospital, interrupting his medical treatment forcedly took him back to Bukhara. Soon a criminal case under articles 244-2 - Creation, management, participation in religious extremist, separatist, fundamentalist or other forbidden organizations, 216 - Illegal organization of public associations or religious organizations, 209 - Official forgery, 155 Ц Terrorism, and other articles (all in all 17 articles against Askar Nozimov) of the Criminal code was opened against the ex-hokim.  

Based on the result of preliminary studies of the case, the RRG considers that criminal cases against Askar Nozimov, Alisher Nozimov and Rustam Nozimov are fabricated by Bukhara regional Office of the Public Procurator and the regional Department of the NSS. Torture and similar ill-treatment have been applied against them. The pre-trial investigation, trial and the Office of the Public Procurator have ignored testimonies of Nozimovs and the defense regarding torture applied against them. Officers of the regional Department of the NSS and the Office of the Public Procurator have fabricated proofs on the criminal cases, in particular they put strong psychological pressure upon the witnesses and experts on the criminal cases and forced them to testify in favor of the accusation. Nozimovs have hired some local defense lawyers from Bukhara, however, the lawyers could not render effective legal representation to them as they were afraid of offending the local law enforcement bodies and damage mutual relationship and create problems for themselves. So, Nozimovs have been compelled to hire lawyer from Tashkent. We have also fixed attempts of the regional Department of the NSS to interrogate the lawyer on the facts of the criminal case against his client R. Nozimov and encroach on the personal inviolability of the lawyer by withdrawal of his dictophone and personal professional records. Untill now the dictophone and records of the lawyer are not returned to him.  

The criminal cases against Alisher Nozimov and Rustam Nozimov have been heard in the courts of the first stage. Alisher Nozimov was sentenced to 13 years of imprisonment. Rustam Nozimov was sentenced to 18 years of imprisonment. Askar Nozimov is still undergoing pre-trial investigation and is held in pre-trial custody # 3 of Bukhara. The RRG considers that criminal cases concerning Askar, Alisher and Rustam Nozimovs should be immediately annulled. The officers of the Office of the Public Procurator and the regional Department of the NSS who committed torture and other offences against Nozimovs should be punished as it is stipulated by the legislation.            

Detailed description of the case:  

Alisher Nozimov, the son of ex-hokim of Romitan district, born in 1982, condemned under articles 118 part 3 section УdФ (Rape) and 103 part 2 (Bringing a person to suicide) of the Criminal code, was accused of raping and bringing to a suicide of Sharipova Shakhnoza Idievna, worked at one place with Alisher Nozimov (in the hothouse in Romitan district). The facts of the criminal case against Alisher Nozimov do obviously indicate that the case was completely fabricated. According to the materials of the criminal case Sh. Sharipova has been raped by Alisher Nozimov for three times!!! (on November 16^th 2006, on December 12^th 2006, and in the middle of December 2006 - thus contrary to the requirements of the Criminal code and Criminal procedure code the date of the third rape is not established while Alisher Nozimov is still accused of it). Not having endured humiliation after the rapes, Sh. Sharipova, "the victim" has ostensibly decided to burn herself only on July 3^rd 2007. According to her testimonies provided during the pre-trial investigation and trial Sh. Sharipova states that on November 16^th 2006 she and her girl-friend came out of the work in the hothouse. At that hour Alisher Nozimov has come to the hothouse. On that day one of the girls working in the hothouse was having her wedding. Sh. Sharipova, her girl-friend and three more girls who work in the hothouse have ostensibly asked Alisher Nozimov to drop them to the place of the wedding. Alisher Nozimov has agreed. Having arrived at the wedding Sh. Sharipova has ostensibly remembered that she hasnТt asked a permission of her father and asked Alisher Nozimov to drop her at her house. On the way Alisher Nozimov has ostensibly turned away from the right road and in one of the cotton fields he stopped and raped her. The girls who work in the hothouse during the interrogations as witnesses in the courtroom have testified that on November 16^th 2006 Alisher Nozimov has not dropped Sh. Sharipova at the wedding place. When the girls have asked Alisher Nozimov to drop them to the wedding place he told that soon Yarash Toshev and Gaffor Ц guys who work in the same hothouse will drop them at the wedding place. Having told this Alisher Nozimov has left the hothouse. He has returned in approximately 30 minutes and having seen that Yarash and Gaffor have not appeared dropped five girls who work in the hothouse to the wedding place. According to the girls interrogated in the courtroom as witnesses Sh. Sharipova was not there in Alisher NozimovТs car. Sh. Sharipova and her girlfriend by name Nodira has left the hothouse by the time Alisher Nozimov came there for the second time. As Sh. SharipovaТs colleagues have testified in the courtroom neither Sh. Sharipova, nor her colleagues could ask Alisher Nozimov to drop them to the wedding place directly from the workplace (according to the testimony given by Sh. Sharipova). Because the work in the hothouse is considered a dirty work and in order to attend the wedding after the working hours the girls needed first to get home, clean themselves up and change their clothes. On November 16^th 2006 the girls who have been dropped to their houses by Alisher Nozimov later on met up close to store named УTalatФ for buying a wedding gift for the bride. According to them Sh. Sharipova didnТt show up there.   

During the trial the defense has asked several clarifying questions from Sh. Sharipova, "the victim", including why she did not resist to Alisher Nozimov during the rapes, why she has allowed the same person to rape her for three times during half a year, why she hasnТt complained to nobody, why she continued going to the work. Sh. Sharipova could not plainly answer those questions. The Defense has watched a video of the corporate celebration of the New Year Holiday in the hothouse on December 29^th 2006. In this video Sh. Sharipova was dancing all the time and having fun. According to the position of the defense Sh. SharipovaТs behavior after so-called rapes in any way did not correspond to the behavior of "the victim" in such cases. During the pre-trial investigation it was found out that in January 2007 Sh. Sharipova "has separately been raped" by other workers of the hothouse by name Yarash Toshev and Ramazon Akhmedov as well. The fact of the casual "rapes" of the woman by men in so much times causes, to put it mildly, to doubt truthfulness of the testimonies of "the victim" Sh. Sharipova.    

According to the girls who work in the hothouse, the behavior of Sh. Sharipova and her personal reputation cannot be called faultless, she regularly took alcoholic drinks and smoked cigarettes, liked to attended various parties and events. The defense has established that the investigator of Bukhara regional Office of the Public Procurator put strong psychological pressure upon the above mentioned witnesses during the interrogation. He demanded that they take back their testimonies which draw the negative social behavior of "victim" Sh. Sharipova. The investigator has attempted to persuade them to testify that they ostensibly often saw Alisher Nozimov and Sh. Sharipova together. During all interrogations of the witnesses of the defense protection an unidentified officer of the regional Department of the NSS was present in the interrogation room except the defendant and the investigator.  

The defense has got an audio record of the conversation of the father of "victim " Sh. Sharipova where he tells that the officers of the regional Department of the NSS keep up watching after them, Sh. SharipovaТs parents are regularly called up to the office of the regional department of the NSS and asked about their testimonies in the pre-trial investigation and trial, told to keep telling the pre-trial investigation and trial that their daughter was raped by Alisher Nozimov.  

The officers of Bukhara regional Office of the Public Procurator and the regional Department of the NSS have also Sanakulov, a forced forensic expert of Romitan district, to give false testimonies on the condition of the burns on Sh. Sharipova's body (the burns were received after "victim" Sh. Sharipova has committed a suicide ostensibly as a result of shame after rapes). According to the conclusion of forensic expert Sanakulov the burns on Sh. Sharipova's body are qualified as 80 % of a burn of the 3^rd (УaФ and УbФ levels) and 4^th degrees. The RRG and the defense have consulted independent medical experts on the nature of such burns and their consequences. According to the conclusion of the independent experts as a result of such burns a person must immediately die. Even 35 % of a burn of the 3^rd (УaФ and УbФ levels) and 4^th degrees is enough for a person to die immediately. According to the independent experts, the burn of the 1^st degree hits through a skin on the body of a person, the burn of the 2^nd degree penetrates to muscles of the body through its skin, the burn of the 3^rd degree hits the skin and muscle, the burn of the 4^th degree penetrates up to the bones through the muscles. According to the independent medical experts, the burn of 35 % of the 3^rd (УaФ and УbФ levels) also brings to the allocation by an organism of specific poisonous substance which instantly hits the central nervous system and leads to an immediate death of a person, or in rare cases leads to the strongest shock condition. Despite of this, "victim " Sh. Sharipova was interrogated by the investigator on July 5-6 (that is in two days after she has committed self-burning). When the defense lawyer asked a clarifying question from the forensic expert about this circumstance, that is whether a person who received such burns could survive, the forensic expert has declared that УЕ in the case of Sh. Sharipova it has happened at the will of Allah!Ф   

The criminal case against Alisher Nozimov was heard by Korakul district court on criminal cases in the building of Bukhara city court on criminal cases on October 29^th 2007. The court under presidency of judge T. Tangriev has found Alisher Nozimov guilty and sentenced to eight years of imprisonment. Alisher NozimovТs defense is planning to appeal against the court sentence.   

Rustam Nozimov Ц a brother of Askar Nozimov, the ex-hokim of Romitan district, is accused of articles 244-2 - Creation, management, participation in religious extremist, separatist, fundamentalist or other forbidden organizations, 216 - Illegal organization of public associations or religious organizations, 209 - Official forgery, 155 - Terrorism, 184 - Evasion of payment of taxes or other payments, 189 - Infringement of rules of trade or rendering of services, 179 Ц Forged entrepreneurship, and other articles of the Criminal code of the Republic of Uzbekistan.    

On September 6^th 2007 a defense lawyer from Tashkent Husan Mahbubov Уwas grantedФ a meeting with his client Rustam Nozimov who was held in the pre-trial custody of Bukhara regional Department of the NSS. The officers of the NSS has forced R. Nozimov to testify against his brother Askar Nozimov, confirming that Askar Nozimov is connected to the local religious extremists who have contributed to the terrorist attacks of 2003-2004, including local religious extremist leader Fazlitdin Tukhtaev, given several thousand US dollars to them. All these testimonies were extracted from R. Nozimov through torture and similar ill-treatment. R. Nozimov has shown the signs of torture on his body (strong internal pains in the field of a chest and the lower part of a belly, damage of the membranes of his ears, bruises on the body) to his lawyer H. Mahbubov during a meeting with him. R. Nozimov has informed the lawyer that the officers of the NSS have taken him mto the pre-trial custody # 3 of Bukhara and severely beaten him there. Moreover, he has been put into a special chamber and beaten by a group of unidentified prisoners. Lawyer H. Mahbubov started unsuccessfully complaining on such actions of the NSS officers to various official bodies, including Bukhara regional Office of the Public Procurator and central offices of the national law enforcement bodies.  

Moreover, the lawyer has asked senior inspector of the regional Department of the NSS F. Oltiev to appoint a forensic examination or / and studying of the injuries on the body of his client R. Nozimov and the lawyerТs participation while conducting those actions. This petition of the lawyer has been simply ignored by the investigator without any comments. Having met his lawyer R. Nozimov has denied his previous testimonies. The actions of the officers of the regional Department of the NSS contradict article 26 of the Constitution of the Republic of Uzbekistan which says: УNobody can be subjected to torture, violence, severe or degrading human dignity treatment and punishmentФ. Relying on this law defense lawyer H. Mahbubov has addressed Bukhara regional Office of the Public Procurator with a petition of opening a criminal case under article 235 of the Criminal code (УUse of torture or other cruel, inhuman or degrading treatment or punishmentФ) against the involved NSS officers for their actions. However the regional Office of еру Public Proсurator has forwarded the complaint of the lawyer to the regional Department of the NSS. Under the law, the Office of the Public Procurator was obliged to react itself to such petitions or complaints and check up the facts mentioned in the complaint. The Office of the Public Procurator was not at all ashamed of sending a notice to the lawyer mentioning that the petition was forwarded to the regional Department of the NSS for being investigated! 

Having seen the persistence of the lawyer to find out the real reason of the physical injuries on the body of R. Nozimov the NSS officers have taken measures to isolate his client from the lawyer and violated the right of the lawyer to have confidential meetings with his client. A seizure of the dictophone of the lawyer exemplifies once again the continuous breach of his professional rights. At seizure of his dictophone the lawyer has has reminded the NSS officer that his actions are in violation of articles 4 and 6 of Law УOn guarantees of the lawyerТs activity and social protection of the lawyer ї. According to this Law Уthe person of the lawyer is inviolableФ, Уinviolability of the lawyer also extended on his residence, office accommodation, private transport, a communication device, communications and correspondence, things and documentsФ. Seizure of the above mentioned items can take place only upon the sanction of the Public Procurator General of the Republic of Uzbekistan, the Public Procurator of the Republic of Karakalpakstan, the Public Procurators of the regions, the Public Procurator of Tashkent or the Public Procurators equal to them.

 Another attempt of the regional Department of the NSS to exclude the lawyer from the criminal case consists of forced interrogation of lawyer H. Mahbubov as a witness on the facts of the physical injuries on the body of R. Nozimov. This attempt has meant that H. Mahbubov's involvement in the case as a witness would mean he could never act as a defense lawyer for R. Nozimov on this case. The lawyer has indicated to the illegality of such action of the NSS officer in the protocol of interrogation. By his action the NSS officer has broken article 10 of Law УOn advocacyФ where it is specified that a defense lawyer cannot be interrogated about the facts which have come to his knowledge while he was performing his professional duties. Later on when the criminal case was transferred to the regional Office of the Public Procurator the defense has found out that the case materials concerning the seizure of the lawyerТs dictophone and interrogation of the lawyer as a witness have disappeared. The defense has immediately filed a complaint with a request of opening a criminal case on the fact of falsification of the case materials. This complaint has remained without the answer.

 If R. Nozimov received the physical injuries on his body on August 20^th 2007, head of the investigation section of the regional department of the NSS L.Imomov appointed an examination of the injuries on the body of R. Nozimov only on September 18^th 2007. The examination was conducted without participation of the lawyer. Before the examination began R. Nozimov has requested his lawyer to be present. L. Imomov has declared to him that lawyer H. Mahbubov has ostensibly refused to represent R. Nozimov. L. Imomov has suggested R. Nozimov to hire another lawyer. R. Nozimov said УNoФ to such suggestion. In fact lawyer H. Mahbubov has waited all day long that day at the entrance of the building of the regional Department of the NSS to be granted a meeting with his client R. Nozimov.   

 During the trial defendant R. Nozimov has denied his previous testimonies and reported how the NSS officers tortured him directly themselves and through other detainees in the pre-trial custody. He has also mentioned about pains on his chest and damages of the ear membranes. He has also mentioned that as a result of torture and similar ill-treatment applied on him during the pre-trial investigation he is having serious problems with listening and barely hears what is being said during the trial. The court has rejected his testimonies about torture as an attempt to avoid punishment. The petition of the defense to appoint a forensic examination has been rejected by the court. Lawyer of R. Nozimov H. Mahbubov has also reported about infringement of his professional rights by the NSS officers. The lawyer has also mentioned that the infringement of the NSS officers was resulting to the breach by the Republic of Uzbekistan its international obligations under the International Covenant on Civil and Political Rights. The court has also ignored the lawyerТs complaint and refused to comment on it.      

Moreover, on September 20^th 2007 at the order of the regional Department of the NSS a special TV program devoted to the criminal case against Nozimovs has been prepared and broadcasted by Bukhara regional TV channel. This TV program has declared Nozimovs as guilty while during the broadcast the guilt of Nozimovs hasnТt been established by the court.

 Askar Nozimov Ц ex-hokim of Romitan district of Bukhara region, is accused under articles 244-2 - Creation, management, participation in religious extremist, separatist, fundamentalist or other forbidden organizations, 216 - Illegal organization of public associations or religious organizations, 209 - Official forgery, 155 Ц Terrorism, and other articles (all in all 17 articles against Askar Nozimov) of the Criminal code.  

At present Askar Nozimov is held in the pre-trial custody # 3 of Bukhara. Despite the prescription of the doctors of the National Specialized Cardiological Center in Tashkent ordering stationery medical treatment for Askar Nozimov, the officers of Bukhara regional Department of the NSS have forcedly taken him away from a medical cot in the Cardiological Center and brought to Bukhara. It should be noted that at present Askar Nozimov has no access to a proper medical care in the pre-trial custody. According to the petition of the lawyer a forensic examination of the state of health of Askar Nozimov was conducted. The forensic examination states that by the state of health Askar Nozimov is in the position of participating in the pre-trial investigation, however, it is recommended that he receives a medical treatment.

 At present the lawyer has access to Askar Nozimov. The pre-trial investigation on Askar  NozimovТs case is entering its final phase.    

According to the latest information Bukhara regional Office of the Public Procurator has suggested in written to Bukhara regional Economic Court to voice economic claims against several properties of Nozimovs family (the hothouse and a mini-plant for processing dairy products) and confiscate those properties. Nozimovs has bought those properties through an auction in 2000. According to the pricing committee for setting prices for those properties these properties have been bought at artificially underestimated costs. The improvements which have been added to those objects by NozimovТs are completely left out by the pricing committee. Under this claim Bukhara regional Economic Court intends to confiscate the properties of Nozimovs in favor of the state budget.     

Conclusion of the RRG:  

The RRG considers that the criminal cases against Askar, Alisher and Rustam Nozimovs are contract cases and are directed to their condemnation from the very beginning. The proofs related to the accusation are forged and received under torture and psychological pressure, and accordingly have no validity. The RRG thinks that the criminal cases concerning Askar, Alisher and Rustam Nozimovs should be immediately annulled. The officers of the regional Office of the Public Procurator and the NSS who applied torture and committed other offences against Nozimovs must be punished as it is stipulated by the law.    

 Actions of the RRG:  

The RRG together with Nozimovs family is now working on the defense strategy for Nozimovs. The RRG also plans to assist Nozimovs to launch and sustain a strategic public litigation on those criminal cases against the family.                                                          

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