Tag Archives: Tajikistan

Russia etc: International Action Needed to Protect Lawyers

Sem categoria 24/10/2023 Leave a comment

23/10/23

By The New Jersey Law Journal Editorial Board

This is not the time to look away. We need to keep a spotlight on what is happening to the Navalny lawyers and to our other compatriots across the globe.

Alexei Navalny, the fiercest opponent of Vladimir Putin’s regime of terror in Russia, has suffered poisoning, false imprisonment and torture for exercising his basic right to protest the actions of his government. He is currently scheduled for transfer to a “special security” penal colony where his access to the outside world will be even more limited than it is now. (Navalny has not been able to speak to his family for over a year). Visits from his lawyers are his lifeline both legally and practically.

On Oct. 13, the eve of a court challenge to the transfer, the Russian authorities searched the homes and offices of Navalny’s lawyers—Vadim Kobzev, Alexei Liptser and Igor Sergunin—and arrested them on charges of participating in an “extremist” group. They are presently being held in pre-trial detention.

Along with disbarment, this is one of the tools authoritarian regimes use to dilute the efficacy of opposition figures; they target the lawyers who represent them. It is happening everywhere, including Afghanistan, Tajikistan, Guatemala, Iran and Belarus, to name a few.

Lawyers should not be subject to persecution and reprisals for seeking to ensure the rights of their clients. That is what we are called to do. The Coalition for Endangered Lawyers, an informal network of national and international human rights and legal organizations including the ABA Center for Human Rights, has sounded the alarm, declaring that such repression of lawyers is an existential threat to the rule of law everywhere. We agree.

[…]

https://blackstonetoday.blogspot.com/2023/10/international-action-needed-to-protect.html

https://www.law.com/njlawjournal/2023/10/23/international-action-needed-to-protect-lawyers/

https://www.washingtonpost.com/opinions/2023/10/19/navalny-lawyers-arrested-vladimir-putin/

https://www.barrons.com/news/russian-opposition-leader-navalny-condemns-his-lawyers-illegal-arrest-e6f52f3e

https://www.themoscowtimes.com/2023/10/17/russian-opposition-leader-navalny-condemns-lawyers-arrest-a82794

https://meduza.io/en/feature/2023/10/16/russian-lawyers-call-for-strike-to-protest-authorities-obstruction-of-their-work

https://www.economist.com/podcasts/2023/10/24/even-alexei-navalnys-lawyers-are-now-at-risk-as-his-privations-deepen

https://en.wikipedia.org/wiki/Alexei_Navalny

https://www.rfi.fr/fr/europe/20231020-%C3%AAtre-avocat-en-russie-m%C3%AAme-dans-le-d%C3%A9sespoir-il-faut-continuer-%C3%A0-se-battre (FRANCAIS)

https://www.arte.tv/fr/videos/112788-000-A/les-avocats-russes-dans-le-viseur-de-moscou/

https://t.me/politzekam_bot

TAJIKISTAN: SUPPRESSING CRITICAL VOICES

Sem categoria 27/09/2023 Leave a comment

26/09/23

This report, which covers developments affecting the freedoms of expression, association and peaceful assembly in Tajikistan for the period from April to September 2023, was prepared by International Partnership for Human Rights (IPHR) for the CIVICUS Monitor.

During the reporting period, the situation in Tajikistan continued to deteriorate, particularly due to an escalating crackdown on journalists, bloggers and the media. The authorities continued to use over-broad criminal charges of “extremism” and “terrorism” to silence those who speak out on issues perceived as sensitive, accusing them of having connections with organisations or media outlets previously banned as “extremist” because they had allegedly “liked” or shared the posts of such organisations or outlets. The government also shut down several independent news outlets after labelling them as “extremist” and limiting public access to information. Although not officially introduced to parliament yet, a new restrictive draft law on blogging, initiated by a member of parliament, has been circulating in media and on social media. These developments all raise serious concerns about freedom of expression and media in the country.

[…]

Human Rights Lawyers

Imprisoned human rights lawyer Buzurgmehr Yorov, who was sent to isolation in a “punishment cell” after allegedly criticising President Rahmon (see previous Monitor entry), was sentenced to an additional 10 years of imprisonment by Vahdat Township Court on 10th July 2023. The new criminal case against Yorov was initiated on charges of a large-scale fraud committed with a particularly dangerous recidivism under Article 247 (4) of the Criminal Code of Tajikistan. The trial was held behind closed doors. Yorov did not have access to a lawyer and the details of the process at the time of writing remain unknown. His two attempts to appeal against this sentence were unsuccessful.

Yorov was wrongfully imprisoned in September 2015 and sentenced to 22 years (reduced by four years under amnesty in October 2021) on trumped-up charges after he provided legal representation to members and leaders of the banned opposition party, the Islamic Renaissance Party of Tajikistan (IRTP). According to international standards, lawyers must “not be identified with their clients or their clients’ causes as a result of discharging their functions”.

[…]

https://monitor.civicus.org/explore/tajikistan-suppressing-critical-voices/

https://www.civicus.org/index.php/fr/medias-ressources/112-news/6591-civil-society-demands-tajikistan-free-human-rights-lawyer-on-eighth-anniversary-of-arrest

Buzurgmehr Yorov
Human rights in Tajikistan: Interview with the UN Special Rapporteur

https://www.miragenews.com/tajikistan-urged-to-release-political-activist-1081348/

Click to access EN_HRL_20230206_Tajikistan_Continued-detention-and-ill-treatment-of-lawyer-Buzurgmehr-Yorov.pdf

https://www.hrw.org/europe/central-asia/tajikistan

https://en.wikipedia.org/wiki/Buzurgmehr_Yorov

Au Tadjikistan, les avocats embastillés
(FRANCAIS)

https://www.globalcitizen.org/fr/action/help-buzurgmehr-yorov-regain-his-freedom/

https://x.com/JamesGlenFord3/status/1706785793673707522?s=20

https://x.com/StuartR92034479/status/1700365389421502512?s=20

Tajikistan: UN experts deplore criminal proceedings against human rights defenders

Sem categoria 05/07/2023 Leave a comment

04/07/23

UN experts* today urged Tajikistan to show genuine commitment to improving the situation of human rights defenders in the country and expressed concern about convictions.

“We would like to remind the Government that criminalising the legitimate peaceful work of human rights defenders is incompatible with Tajikistan’s international human rights obligations. Conflating human rights defenders with extremists and terrorists is a very dangerous practice,” the experts said.

The human rights defenders whose cases UN experts raised with the Government, including Daler Imomali, Abdulloh Ghurbati, Zavqibek Saidamini, Abdusattor Pirmukhammadzoda, Ulfathonim Mamadshoeva, Manuchekhr Kholiknazarov, Faromuz Irgashov, and Khushom Guliam, were allegedly sentenced to prison terms ranging from seven to 29 years between October and December 2022.

“While the charges against human rights defenders varied, eight out of nine were allegedly accused of extremism and terrorism-related offences. We express grave concern about the apparent use of anti-terrorism legislation to silence critical voices,” the experts said.

Daler Imomali, Abdulloh Ghurbati, Zavqibek Saidamini, and Abdusattor Pirmukhammadzoda are journalists and bloggers who were arrested in June and July 2022. Their arrests appear to be linked to their coverage of social issues and alleged human rights abuses. Ulfathonim Mamadshoeva, a civil society representative of the Pamiri minority and journalist, Pamiri lawyers Manuchekhr Kholiknazarov and Faromuz Irgashov, as well as Khushom Guliam, a journalist and blogger who popularised Pamiri culture, were all involved in defending human rights in the Gorno-Badakhshan Autonomous Oblast. They were arrested in May 2022 during a crackdown on protesters in the GBAO and human rights defenders working on the region.

“Fair and public hearings by competent, independent, and impartial courts are a crucial guarantee for everyone under international human rights law,” the experts said. “However, the information received suggests fair trial standards have been grossly violated.”

[…]

Tajikistan: UN experts deplore criminal proceedings against human rights defenders (press release)

https://www.miragenews.com/un-experts-condemn-criminal-proceedings-against-1040407/

https://www.fidh.org/en/issues/human-rights-defenders/tajikistan-arbitrary-detention-of-lawyers-manuchehr-kholiknazarov

https://www.hrw.org/news/2022/12/12/tajikistan-long-sentences-autonomous-region-activists

Tajikistan: Lawyers explore ways to ensure independence and security of the legal profession

Sem categoria 21/06/2023 Leave a comment

20/06/23

Today, the International Commission of Jurists (ICJ), in cooperation with the Regional Office for Central Asia (ROCA) of the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Organization for Security and Cooperation in Europe (OSCE), and the Bar Association of the Republic of Tajikistan, has convened a roundtable discussion on the importance of preserving the independence and security of lawyers in Tajikistan.

The roundtable served as a crucial forum for lawyers, civil society organizations, international organizations, and legal experts to explore the current challenges to the independence and security of the legal profession in Tajikistan.

Central to the discussion were the proposed amendments to the Law of the Republic of Tajikistan “On the Bar and Lawyers’ Activities”. Participants expressed serious concerns about the potential for these amendments to undermine the independence of the legal profession. They called on international organizations to ensure that any reform of the Bar Association retains its independence, emphasizing the need to incorporate the concerns of the Bar Association into the reform process.

The independence of the qualification process for lawyers was highlighted as a significant issue. Participants noted the importance of an independent and robust qualification process in maintaining the independence and competence of the legal profession.

The discussion also focused on the work of the Commission for the Protection of Professional Rights of Lawyers, with participants identifying the need to strengthen this body’s role in protecting the rights and independence of lawyers.

[…]

The independence of lawyers in Tajikistan_BP

https://asiaplustj.info/en/news/tajikistan/laworder/20230615/jailed-human-rights-lawyer-and-prisoner-accusing-him-of-fraud-meet-at-cross-examination-in-a-lawsuit-0

https://bnn.network/world/buzurgmehr-yorov-faces-new-fraud-charges-in-tajikistan-trial/

Jailed Tajik Opposition Lawyer Goes On Trial On Fraud Charge

Sem categoria 13/06/2023 Leave a comment

13/06/23

Jailed Tajik opposition lawyer Buzurgmehr Yorov, who is serving a 28-year prison term, went on trial on June 13 on a new charge of fraud. If convicted, Yorov could have an additional 12 years added to his time in prison. The charge stems from a lawsuit filed by an inmate claiming that Yorov took more than $4,000 in exchange for legal assistance to help him get released but in reality did nothing. Yorov denies he received any money from the man. Yorov, 52, was jailed in 2015 on dubious charges, including fraud and insulting an official. U.S. State Department and rights groups have condemned Yorov’s arrest. 

https://www.rferl.org/a/tajikistan-opposition-lawyer-trial-fraud-charge/32457557.html

https://www.rferl.org/a/tajikistan-jailed-opposition-lawyer-new-charges/32352057.html

The letter of Buzurgmehr Yorov’s mother to the authorities
Buzurgmehr Yorov

https://www.ozodi.org/a/32457079.html (TAJIK)

МОДАРИ БУЗУРГМЕҲР ЁРОВ, АДВОКАТИ ЗИНДОНӢ: “ХОНА ОМАДАМ ВА ГИРЯ КАРДАМ…”

Lawyers’ Day in Tajikistan

Sem categoria 27/05/2023 Leave a comment

26/05/23

Today is “Lawyers’ Day” in Tajikistan, when lawyers celebrate the establishment of the first Bar Association.The situation of lawyers in Tajikistan remains concerning and, on what should be a day of celebration, Lawyers for Lawyers would like to pay attention to the human rights lawyers Burzurgmehr Yorov and Manuchehr Kholiknazarov.

Burzurgmehr Yorov

In December, Lawyers for Lawyers and Freedom Now have expressed their concern about the on-going imprisonment of lawyer Buzurghmehr Yorov in a joint letter to the Minister of Justice of the Republic of Tajikistan.

On 6 October 2016, Mr. Yorov was found guilty for several violations of the Criminal Code and sentenced to 23 years imprisonment. In 2017, his sentence was increased with 5 years for insulting government officials. Mr. Yorov received a total sentence of 28 years, which was reduced by six years in the mass amnesty of December 2019.

According to our information, Mr. Yorov has suffered serious ill-treatment and is at grave risk at the moment. On 16 November 2022, he was placed in solitary confinement in a punishment cell for expressing its disagreement with the President. Here, Mr. Yorov is reportedly tortured, which has even led to hospitalization.

Manuchehr Kholiknazarov

On May 30, 2022, Manuchehr was detained by employees of the security services and the prosecutor’s office on charges of being a member of a criminal organization. The arrest is related to his role in Commission 44. In December 2022, he was convicted and sentenced to 15 years in prison. While he was in pre-trial detention in Dushanbe he was allegedly tortured to coerce a confession.

[…]

Lawyers’ Day in Tajikistan

https://www.hrw.org/news/2023/04/04/tajikistan-free-autonomous-region-rights-defender

https://www.iphronline.org/tajikistan-manuchehr-kholiqnazarov-must-be-immediately-released.html

https://www.civicus.org/index.php/media-resources/media-releases/5167-tajikistan-release-human-rights-lawyer-ahead-of-50th-birthday-behind-bars

https://en.wikipedia.org/wiki/Buzurgmehr_Yorov

https://www.rferl.org/a/tajikistan-uzbekistan-gbao-karakalpakstan-civil-society/32433142.html

https://rus.ozodi.org/a/32347452.html (RUSSIAN)

Tajikistan: Human rights defender Manuchehr Kholiqnazarov must be immediately released

Sem categoria 03/04/2023 Leave a comment

03/04/23

Nowruz celebrations for the Persian New Year this March gave no cause for rejoicing for Manuchehr Kholiknazarov and his family, as he remains behind bars serving a 16-year-long prison sentence in retaliation for his human rights work.

Today, International Partnership for Human Rights (IPHR), World Organisation against Torture (OMCT), Human Rights Watch (HRW), Helsinki Foundation for Human Rights (HFHR), Norwegian Helsinki Committee (NHC), Frontline Defenders, Freedom Now and International Federation for Human Rights (FIDH) call for the immediate and unconditional release of Manuchehr Kholiknazarov.

“Manuchehr is a prominent human rights lawyer, a fighter against injustice and exceptional advocate for victims of human rights abuses – his conviction is shameful and every day that he spends behind bars reflects even more badly on the human rights record of Tajikistan”. Brigitte Dufour, Director IPHR

On 9 December 2022 Tajikistan’s Supreme Court found Manuchehr Kholiknazarov guilty under articles 187, part 2 (participation in a criminal organisation) and 307 (3), part 2 (participating in the activities of a banned organisation due to its extremist activities) of the Criminal Code sentencing him to 16 years’ imprisonment in a strict regime penal colony.

Manuchehr Kholiknazarov is the Director of the Lawyers Association of Pamir (LAP), one of the few civil society organisations in Tajikistan’s Gorno Badakhshan Autonomous Region (GBAO) that works to promote and protect human rights. As a member of several important platforms, such as the Civil Society Coalition against Torture and Impunity, the Public Council on Police Reform, and the Coalition on Housing Rights, Kholiknazarov has helped countless victims of human rights violations and strengthened rule of law and democratic structures in the GBAO. Furthermore, Kholiknazarov and his organisation had been working for many years to create a platform for dialogue between state bodies and civil society institutions, where the most pressing problems of the region, including in the field of human rights were discussed.

On 25-28 November 2021, mass protests erupted in Khorog, GBAO, over the extrajudicial killing of a young man, Gulbiddin Ziyobekov. After the protests settled, Kholiknazarov joined the “Commission 44”, consisting of representatives of local civil society and law enforcement agencies, to investigate the events.[1] Given his professional experience, he was included in the Joint Investigation Team headed by the Prosecutor General’s Office. Despite some criticism of its passive approach, the Joint Investigation Team achieved some results, including the exhumation and re-examination of Gulbiddin Ziyobekov’s body in December 2021. In addition to his role in the Joint Investigation Team, Kholiknazarov worked with victims of indiscriminate use of firearms by law enforcement during the protests, and in March 2022 the Civil Society Coalition against Torture and Impunity assigned four lawyers to work with the victims and their relatives.

Yet, all efforts to fight impunity for the November 2021 violence were derailed in May 2022 amid a renewed crackdown on protests in Khorog and Rushan District of GBAO.

On 28 May 2022, Kholiknazarov was arrested along with a dozen members of Commission 44 for alleged “participation in a criminal association” and “publicly calling for violent change of the constitutional order”. Their trial began on 20 September 2022, and was held behind closed doors at a detention facility of the State Committee for National Security (SCNS) in Dushanbe.

[…]

https://www.omct.org/en/resources/statements/tajikistan-human-rights-defender-manuchehr-kholiqnazarov-must-be-immediately-released

Click to access EN_HRL_20220706_Tajikistan_Detention-of-lawyers-Manuchehr-Kholiknazarov-Faromuz-Irgashov-and-Khursand-Mamadshoev.pdf

https://www.rferl.org/a/tajikistan-human-rights-united-nations-lawlor-rahmon-climate-fear/32175075.html

https://www.frontlinedefenders.org/en/case/human-rights-defender-manuchehr-kholiknazarov-sentenced-15-years-imprisonment

https://www.iphronline.org/tajikistan-civicus-2021-2022.html
Tajikistan: arbitrary detention of Ulfathonim Mamadshoeva & Manuchechr Kholiknazarov (joint communication)

https://monitor.civicus.org/country-rating-changes/tajikistan/

https://www.frontlinedefenders.org/fr/profile/manuchehr-kholiknazarov (FRANCAIS)

https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:52022IP0293&from=EN

Jailed Tajik Lawyer’s Brother Gets Four Years In Prison On Charges Relatives Call Ungrounded

Sem categoria 26/01/2023 Leave a comment

19/01/23

A brother of jailed Tajik lawyer Saidnuriddin Shamsiddinov has been sentenced to four years in prison on charges that he rejects.

Bahovaddin Shamsiddinov’s relatives told RFE/RL on January 19 that he was found guilty of allegedly being associated with the banned Group 24 movement, fraud, illegal land sales, and the spreading of false information. According to them, Shamsiddinov pleaded not guilty and called all the charges “slander.”

Officials from the Vakhsh district court confirmed to RFE/RL that Bahovaddin Shamsiddinov was sentenced to four years in prison on January 19.

The exiled spokesman of Group 24, Ubaidullo Saidi, told RFE/RL that Shamsiddinov had nothing to do with the opposition movement.

Bahovaddin Shamsiddinov’s brother, a noted lawyer and outspoken government critic, was sentenced to 8 1/2 years in prison in December 2020 after a court in Khatlon found him guilty of fraud, illegal land sales, and spreading false information.

Saidnuriddin Shamsiddinov also rejected all the charges, saying the case was politically motivated as retaliation for his open criticism of officials.

In late 2021, Shamsiddinov’s sentence was extended by eight months after a court found him guilty of having links with Group 24, which he also rejected.

Group 24 was founded by well-known businessman and opposition politician Umarali Quvatov in 2012.

In 2014, Tajikistan’s Supreme Court declared the group extremist and banned it from the country. Dozens of the group’s members and supporters have been arrested and many of them sentenced to lengthy prison terms.

In March 2015, Quvatov was assassinated in Istanbul, Turkey.

https://www.rferl.org/a/tajikistan-shamsiddinov-brother-prison/32230645.html

https://asiaplustj.info/en/node/321242

Saidnuriddin Shamsiddinov

https://en.wikipedia.org/wiki/Saidnuriddin_Shamsiddinov

Tajikistan: On-going imprisonment of lawyer Buzurghmehr Yorov and current detention conditions

Sem categoria 19/12/2022 Leave a comment

19/12/22

In a joint letter to the Minister of Justice of the Republic of Tajikistan, Lawyers for Lawyers and Freedom Now have expressed their concern about the on-going imprisonment of lawyer Buzurghmehr Yorov.

On 6 October 2016, Mr. Yorov was found guilty for several violations of the Criminal Code and sentenced to 23 years imprisonment. In 2017, his sentence was increased with 5 years for insulting government officials. Mr. Yorov received a total sentence of 28 years, which was reduced by six years in the mass amnesty of December 2019.

The United Nations Working Group on Arbitrary Detention concluded in 2019 that Mr Yorov’s imprisonment was unmotivated and a violation of several international standards. They ordered the immediate release of Mr. Yorov, without success.

According to our information, Mr. Yorov has suffered serious ill-treatment and is at grave risk at the moment. On 16 November 2022, he was placed in solitary confinement in a punishment cell for expressing its disagreement with the President. Here, Mr. Yorov is reportedly tortured, which has even led to hospitalization. On 17 November, Mr. Yorov is transferred to a different prison without notice to the Ministry of Justice or his family. He was held incommunicado until 10 December, when his wife was allowed to visit him and noticed he had bruising on his neck and face, a sign of mistreatment.

Lawyers for Lawyers and Lawyers for Lawyers and Freedom Now are deeply concerned about the safety and health of Mr. Yorov and respectfully urge the authorities of Tajikistan to:

– Immediately and unconditionally release Mr. Yorov in compliance with the WGAD decision; and

– Ensure his safety and health according to international standards.

Read the full letter here.

Joint letter: on-going imprisonment of lawyer Buzurghmehr Yorov and current detention conditions
Tajikistan should reverse repressions against human rights defenders and free those jailed

https://thediplomat.com/2022/12/mary-lawlor-on-the-climate-of-fear-among-human-rights-defenders-in-tajikistan/

https://www.rferl.org/a/tajikistan-human-rights-united-nations-lawlor-rahmon-climate-fear/32175075.html#0_8_10089_8766_2710_245122295

https://www.omct.org/en/resources/urgent-interventions/tajikistan-heavy-prison-sentences-for-rights-defenders-from-gorno-badakhshan-autonomous-region

Tajikistan: Long Sentences for Autonomous Region Activists

Sem categoria 13/12/2022 Leave a comment

12/12/22

Six civil society activists from the Gorno-Badakshan Autonomous Region in Tajikistan, detained in connection with protests in May 2022, have received lengthy prison terms after closed, unfair trials, Human Rights Watch said today.

Among them is Ulfatkhonim Mamadshoeva, a 65-year-old independent journalist and civil rights activist, who was sentenced to 21 years in prison on charges of conspiring against the state and organizing the protests. Her former husband, Kholbash Kholbashov, was sentenced to life in prison in September.

“The trials of the Gorno-Badakshan activists were held behind closed doors without access to lawyers or the evidence against them, in violation of fundamental fair trial standards,” said Syinat Sultanalieva, Central Asia researcher at Human Rights Watch. “The Tajikistan authorities should immediately release these six activists, along with the other activists who have been locked up for legitimate exercise of their rights and drop all charges against them.”

The other five activists who were convicted in trials on December 9 and 10 are members of Commission 44, an independent group established in 2021 to investigate the death of Gulbiddin Ziyobekov, a resident of the region killed by police in November 2021, whose death sparked an initial round of protests in Khorog, the regional capital.

The convicted activists are Faromuz Irgashov, a lawyer who headed Commission 44, sentenced to 30 years; Muzaffar Muborakshoev, a civil rights activist, 29 years; Khursand Mamadshoev, brother of Ulfatkhonim Mamadshoeva, 18 years; Manuchekhr Kholiknazarov, head of the Association of Lawyers in Pamir, 15 years; and Khushruz Djumaev, a civil rights activist and blogger known by the pseudonym Khushom Gulyam, 8 years. All were charged with “participation in a criminal association” under article 187 of the Criminal Code of Tajikistan. In June, two other members of the group were also sentenced to 18 years each.

The persecution of activists, journalists, and lawyers from the autonomous region has been ongoing since May, following a government crackdown on peaceful protests by the local population, the Pamiri, a distinct ethnic and religious minority, whom the government has long discriminated against. The authorities have arrested and detained more than 200 people on charges related to the protests and ensuing clashes. According to the United Nations special rapporteur on minority issues, as many as 40 people may have been killed in a special “anti-terrorism operation” that the Tajik authorities conducted in the region to quash the protests.

[…]

https://www.hrw.org/news/2022/12/12/tajikistan-long-sentences-autonomous-region-activists

https://eurasianet.org/tajikistan-respected-journalist-sentenced-to-21-years-in-prison

https://thediplomat.com/2022/12/what-tajikistans-persecution-of-faromuz-irgashev-really-means/

https://www.rferl.org/a/tajikistan-human-rights-united-nations-lawlor-rahmon-climate-fear/32175075.html

https://www.frontlinedefenders.org/en/case/tajikistan-human-rights-defender-manuchehr-kholiknazarov-sentenced-15-years-imprisonment

Tajikistan: Tajik Prosecutors Seek 30 Years In Prison For Activist From Restive Gorno-Badakhshan Region