2009 Country Reports on Human Rights Practices
March 11, 2010
Uzbekistan is an authoritarian state with a population of approximately 27.6 million. The constitution provides for a presidential system with separation of powers among the executive, legislative, and judicial branches. In practice President Islam Karimov and the centralized executive branch dominated political life and exercised nearly complete control over the other branches. Of the 150 members of the lower house of parliament, 135 are elected, and 84 of the 100 senators are chosen in limited elections open only to elected members of local councils. The president appoints the remainder. In December 2007, the country elected President Karimov to a third term in office; however, according to the limited observer mission from the Organization for Security and Cooperation in Europe (OSCE), the government deprived voters of a genuine choice. Parliamentary elections took place on December 27. While noticeable procedural improvements were observed, the elections were not considered free and fair due to government restrictions on eligible candidates and government control of media and campaign financing. Civilian authorities generally maintained effective control of the security forces.
The government continued to commit serious abuses and authorities restricted political and civil liberties. Human rights problems included citizens' inability to change their government; tightly controlled electoral processes with limited opportunities for choice; instances of torture and mistreatment of detainees by security forces; incommunicado and prolonged detention; arbitrary arrest and detention; denial of due process and fair trial; poor prison conditions; restrictions on freedom of speech, press, assembly, and association; governmental control of civil society activity; restrictions on religious freedom, including harassment and imprisonment of religious minority group members; restrictions on freedom of movement for some citizens; violence against women; and government-compelled forced labor in cotton harvesting. Human rights activists and journalists who criticized the government were subject to physical attack, harassment, arbitrary arrest, politically motivated prosecution, and forced psychiatric treatment.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no confirmed reports that the government or its agents committed politically motivated killings.
Family members reported several deaths in custody of prisoners who were serving sentences on charges related to religious extremism. In each such case, family members reported that the body of the prisoner showed signs of beating or other abuse, but authorities pressured them to bury the body before a medical professional could examine it. Reported deaths that fit this pattern during the year included Abdulatif Ayupov (he also suffered from tuberculosis), Ismat Hudoyberdiyev, Negmat Zufarov, and Golib Mullajonov. All had been convicted of crimes related to religious extremism.
On January 22, a credible report cited the deaths in custody from unknown illness of Muhammad Artykov, allegedly one of 23 businessmen involved in the trial that led to the 2005 Andijon events, and alleged Andijon participant Abdurahmon Kuchkarov, although family members reported Kuchkarov was healthy when they saw him a few months before his death. Khoshimjon Kadirov, also arrested after the Andijon events, was reportedly beaten to death in November 2008, but his death was not reported until this year.
On April 30, Nozimjon Mamadaliev, a Kyrgyz citizen living in Ferghana, died in custody. Although the official forensic report stated that he died of natural causes, relatives took photographs of the body that appeared to show signs of severe beating.
Nurillo Maqsudov, the leader of a group in exile that calls attention to the 2005 Andijon massacre, reported in September that four of his relatives died in jail in 2008; he claimed their bodies showed clear signs of torture.
There were no updates in the cases of Odil Azizov, Fitrat Salkhiddinov, Takhir Nurmukhammedov, and two other unnamed prisoners. The courts convicted all of them on charges related to religious extremism, and they reportedly died after being tortured in prison in May 2008 and in 2007.
The government has not agreed to authorize an independent international investigation of the alleged killing of numerous unarmed civilians and others during the violent disturbances in Andijon in 2005. The government claimed, based on its own 2005 investigation, that armed individuals initiated violence by firing on government forces. The estimated number of dead varied between the government's total of 187 and eyewitnesses' reports of several hundred.
b. Disappearance
There were no reports of politically motivated disappearances. There continued to be numerous unconfirmed reports of disappearances dating from 2005 of persons who were present at the violent disturbances in Andijon. The welfare and whereabouts of several of the refugees who were forcibly returned to the country during the year remained unknown.
On July 30, unknown Uzbek speakers abducted a citizen refugee and his young son in Kyrgyzstan and reportedly returned them to the country. They interrogated the man for several days, releasing him after he promised to help his abductors find his brother, a human rights activist who may have escaped from prison.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit such practices, law enforcement and security officers routinely beat and otherwise mistreated detainees to obtain confessions or incriminating information. Torture and abuse were common in prisons, pretrial facilities, and local police and security service precincts. Prisoners were subjected to extreme temperatures. Observers reported several cases of medical abuse, and one known person remained in forced psychiatric treatment.
In June Human Rights Watch (HRW) concluded that the government had not taken actions in response to a 2007 report from the UN Committee Against Torture that torture and abuse were systematic throughout the investigative process and had not improved since a 2003 UN special rapporteur on torture report drew the same conclusion. The 2007 UN report stated that despite an amendment to the criminal code addressing elements of the definition of torture, punishment for violations was rare and did not reflect the severity of the crimes. The government responded to these accusations by claiming that the access they had provided to the UN special rapporteur had made it harder to address the issue of abuse, and consequently, future visits by the special rapporteur would be denied.
In November a local human rights organization reported that a former security guard at the British embassy claimed he was beaten into confessing to espionage charges. The former guard also claimed he was tortured with severe cold, fire, electricity, and starvation and was kept in a remand center for nine months before being transferred to a prison facility, during which time his family did not know his location.
In December two sisters serving prison sentences alleged that officers raped and mistreated them in prison. One of the sisters subsequently gave birth to a child in prison. On December 25, the Tashkent City Criminal Court initiated a criminal case against the accused officers.
Authorities convicted and punished 60 Ministry of Internal Affairs officials for wrongdoing.
In January a court upheld the sentencing of four police officers to eight to 17 years' imprisonment for beating to death Angren resident Muzaffar Tuychiyev.
Authorities reportedly gave harsher than normal treatment to individuals suspected of extreme Islamist political sympathies, notably pretrial detainees who were alleged members of banned extremist political organizations Hizb ut-Tahrir (HT) or Nur. Local human rights workers reported that authorities often paid or otherwise induced common criminals to beat suspected extremists and others who opposed the government. Two human rights defenders who were arrested reported beatings in pretrial detention facilities.
There were reports of politically motivated medical abuse. Victims could request through legal counsel that their cases be reviewed by an expert medical board. In practice, however, such bodies generally supported the decisions of law enforcement authorities.
Family members of several inmates, who are considered political prisoners, complained throughout the year of the declining health of the prisoners and asserted that the prisoners? requests for medical evaluation and treatment went unheeded. Among these prisoners were Alisher Karamatov, Yusuf Juma, Solijon Abdurahmanov, and Akzam Turgunov.
There was no update on the case of Jamshid Karimov, a journalist, human rights activist, and nephew of President Karimov, who has remained under forcible detention at Samarkand Psychiatric Hospital since 2006.
Prison and Detention Center Conditions
Prison conditions remained poor and in some cases life threatening. There continued to be reports of severe abuse, overcrowding, and shortages of food and medicine. Tuberculosis and hepatitis were endemic in the prisons, making even short periods of incarceration potentially life-threatening. Family members frequently reported that officials stole food and medicine that were intended for prisoners.
There were reports that authorities did not release prisoners, especially those convicted of religious extremism, at the end of their terms. Instead, prison authorities contrived to extend inmates' terms by accusing them of additional crimes or claiming the prisoners represented a continuing danger to society. These accusations were not subject to judicial review.
According to prison officials, the government held approximately 42,000 inmates at 58 detention facilities. Men, women, and juvenile offenders were held in separate facilities.
On April 10, the parliament amended national legislation to allow the human rights ombudsman unfettered access to prisons to monitor conditions. According to this law, authorities at pretrial detention facilities, where many abuses reportedly occurred, are required upon a detainee's request to arrange a meeting between the detainee and a representative from the Human Rights Ombudsman's Office. The law also provides that correspondence between prisoners and the Ombudsman's Office is confidential. In its 2008 report, released in June, the ombudsman reported on 29 prisoner complaints during the year, an increase from four complaints it undertook to resolve in 2007.
In October the International Committee of the Red Cross (ICRC) resumed its visits to detention facilities under the responsibility of the GUIN (penitentiary system under the authority of the Ministry of Interior). This program follows the six-month trial program that the ICRC completed in September 2008. The ICRC reported that unlike the 2008 six-month pilot program, this program was of unlimited duration. There were some reports that high-profile prisoners were transported to alternate facilities just prior to ICRC visits and were returned after the visits were completed.
Several knowledgeable sources reported that authorities had made some progress in the past three years in improving prison conditions, notably in combating the spread of tuberculosis.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention; however, these practices continued.
Role of the Police and Security Apparatus
The Ministry of Interior (MOI) controls the police, who are responsible for law enforcement and maintenance of order. The National Security Service (NSS), headed by a chairman who answers directly to the president, deals with a broad range of national security and intelligence issues, including corruption, organized crime, and narcotics. Corruption among law enforcement personnel remained a problem. Police routinely and arbitrarily detained citizens to extort bribes. Impunity was a problem, and the government rarely punished officials responsible for abuses. The MOI's main investigations directorate has procedures to investigate abuse internally and to discipline officers accused of rights violations, and it reported that 60 officers had been disciplined. A human rights department formed within the Ministry of Interior has taken actions in some police brutality cases. The Human Rights Ombudsman's Office, affiliated with the parliament, also has the power to investigate such cases.
The MOI's main investigations directorate incorporated human rights training into officers' career development. On November 5, the ministry reported it has provided human rights training to more than 2,000 officers during the year. The OSCE provided training in human rights practices, focusing on basic international human rights documents, to 175 Ministry of Interior officers. The ministry also opened 250 libraries, located in police stations in every district, with human rights literature in both Russian and Uzbek that various international organizations provided. Officers and the public can borrow materials from the library. The ministry has also started an awards program to acknowledge officers who submit their ideas on best practices or articles on human rights issues.
Arrest Procedures and Treatment While in Detention
Under the law, any decision to arrest accused individuals or suspects must be reviewed by a judge, and defendants have the right to legal counsel from the time of arrest, although that right is not always strictly observed. The judge conducting the arrest hearing is not allowed to sit on the panel of judges during the individual's trial, and detainees have the right to request a hearing with a judge to determine whether they should remain incarcerated or be released. Within 24 hours of taking a suspect into custody, the arresting authority must notify a relative or close friend of the detention and question the detainee. Suspects have the right to remain silent. Detention without formal charges is limited to 72 hours, although a prosecutor may extend it for an additional seven days, at which time the person must either be charged or released. In practice judges granted arrest warrants in nearly all cases, and authorities continued to hold suspects after the allowable period through various means. There were complaints that authorities tortured suspects before notifying either family members or attorneys of arrests. The 72-hour period begins only when a suspect is brought to the police station.
Once charges are filed, a suspect may be held in pretrial detention for as long as three months during an investigation. The law permits extension of that period at the discretion of the appropriate court upon a motion by the investigating authority. A prosecutor may release a prisoner on bond pending trial, although in practice authorities frequently ignored these legal protections. Those arrested and charged with a crime may be released without bail until trial on the condition that they provide assurance that they will appear at trial and register each day at a local police station. State-appointed attorneys are available for those who do not hire private counsel.
On March 9, the cabinet adopted a decree requiring that all defense attorneys pass a comprehensive relicensing examination. Among those who did not pass were several experienced and knowledgeable defense lawyers, including noted defense attorney Ruhiddin Komilov, who had represented human rights activists and independent journalists. Rights activists asserted that the change is targeted at defense attorneys who take human rights cases. Several activists facing criminal charges during the year reported difficulties in finding attorneys to represent them. Amendments to the criminal procedure code in 2008 abolished provisions that allowed unlicensed "public defenders" to represent individuals in criminal and civil hearings. Prior to this revision, a human rights defender could serve as a defendant?s advocate at trial, particularly in politically sensitive cases or for indigent defenders.
There were reports that police arrested persons on false charges such as extortion or tax evasion as an intimidation tactic to prevent them or their family members from exposing corruption or interfering in local criminal activities.
Authorities continued to arrest persons arbitrarily on charges of extremist sentiments or activities, or association with banned religious groups. Local human rights activists reported that police and security service officers, acting under pressure to break up HT cells, frequently detained and mistreated family members and close associates of suspected HT members. Coerced confessions and testimony in such cases were commonplace.
On July 28, police arrested Oyazimhon Hidirova, a human rights defender active on farmer's issues, on charges of tax evasion and hooliganism, and beat her while she was in custody. On August 31, the government granted her amnesty and released her.
On October 2, officials sentenced Farhad Mukhtarov to five years in prison on what many analysts believe were politically motivated charges of fraud and bribery. Mukhtarov was an active member of the Human Rights Alliance. On December 3, the Tashkent city criminal court reduced Mukhtarov?s sentence to four years.
On November 11, police assaulted two human rights activists shortly after they met with a returned political opposition figure. Police detained one of the activists for several hours before releasing him.
On November 24, the Akhunbabaev District Court sentenced Ganikhon Mamatkhanov to five years in prison on what were widely believed to be trumped-up charges of extortion and attempted bribery. Mamatkhanov was a member of the Independent Human Rights Society of Uzbekistan and actively promoted farmers? rights.
Police harassed and sometimes arbitrarily detained members of the opposition Birlik, Free Farmers, Erk, and Birdamlik parties.
During the year pretrial detention typically ranged from one to three months. The number of persons held in pretrial detention was unknown although estimates ranged from approximately 3,400 to 4,000 persons at any one time.
In general prosecutors exercised discretion over most aspects of criminal procedure, including pretrial detention. Detainees had no access to a court to challenge the length or validity of pretrial detention. Even when authorities filed no charges, police and prosecutors sought to evade restrictions on the duration a person could be held without charges by holding persons as witnesses rather than as suspects.
In March the parliament expanded the number of crimes for which reconciliation procedures may be used. At a conference on legal and judicial reform on June 25, authorities reported that reconciliation procedures were being used more frequently to resolve criminal cases, especially those involving minors, women, and the elderly.
Amnesty
On August 28, the senate issued an amnesty decree for 33,354 persons. Amnesty actions included full exemption from further incarceration, transfer to a prison with lighter conditions, or stopping a criminal case at the pretrial or trial stage.
On August 10, operating under a 2008 decree, the government amnestied and released Sattor Irzayev, a member of the Human Rights Society of Uzbekistan who was convicted of libel and extortion in 2005 following the Andijon events.
On November 7, the government amnestied and released well-known businessman and political opposition figure Sanjar Umarov. Umarov served four years in prison following his arrest in October 2005 for allegedly illegal financial dealings.
Local prison authorities have considerable discretion in determining who qualifies for release, as they determine whether a prisoner is "following the way of correction" or "systematically violating" the terms of incarceration. "Violation of internal prison rules" is often cited as a reason for denying amnesty and for extending sentences. Political and religious prisoners often were often found ineligible for amnesty based on these provisions. For example, Jehovah's Witnesses Olim Turayev, Abdubannov Akmedov, and Farrukh Zaripov, convicted in 2008 for activities related to religion, applied for amnesty. Soon thereafter they were found guilty of violating internal prison regulations. According to the terms of the amnesty, all three became ineligible for amnesty. Norboy Kholjigitov, who was widely considered a political prisoner, applied for and was denied amnesty on the basis of alleged administrative violations.
e. Denial of Fair Public Trial
Although the constitution provides for an independent judiciary, the judicial branch took its direction from the executive branch, particularly the general prosecutor's office, and exercised little independence in practice.
Under the law, the president appoints all judges for five-year terms. Removal of supreme court judges must be confirmed by parliament, which in practice complies with the president's wishes.
The Karakalpakstan Supreme Court has jurisdiction over the Karakalpakstan Republic. Decisions of district and provincial courts may be appealed to the next level within 10 days of a ruling. In addition, a constitutional court reviews laws, decrees, and judicial decisions to ensure compliance with the constitution. Military courts handle all civil and criminal matters that occur within the military. The Supreme Court is a court of general jurisdiction that handles selected cases of national significance.
Trial Procedures
The criminal code specifies a presumption of innocence. There are no jury trials. Most trials are officially open to the public, although access was sometimes restricted in practice. Trials may be closed in exceptional cases, such as those involving state secrets, or to protect victims and witnesses. Courts often demanded that international observers obtain written permission from the court chairman or from the supreme court. Permission was difficult and time consuming to obtain, but international observers, including foreign diplomats, were granted access to some hearings.
Authorities generally announced trials, including those of alleged religious extremists, only at the court in which the trial was to take place and only one or two days before the trial began.
Generally, a panel of one professional judge and two lay assessors, selected either by committees of worker collectives or neighborhood committees, presided over trials. The lay judges rarely spoke, and the professional judge usually deferred to the recommendations of the prosecutor on legal and other matters.
Defendants have the right to attend court proceedings, confront witnesses, and present evidence. These rights generally were observed, including in high-profile human rights and political cases. In the vast majority of criminal cases prosecutors brought to court, however, the verdict was guilty. Defendants have the right to hire an attorney, and the government provides legal counsel without charge when necessary. State-appointed defense attorneys routinely acted in the interest of the government rather than of their clients. Judges in some cases denied defendants the right to an attorney of choice. There were several reports that investigators pressured defendants to refuse legal counsel. Defense counsel was not always well qualified and, in some cases, the role of defense counsel was limited to submitting confessions and pleas for mercy.
During the year defendants had improved access to qualified defense counsel due to the establishment in 2008 of a 24-hour on-call system. Several private law firms provided qualified defense counsel at no expense, and some were financed through international donors.
Government prosecutors order arrests, direct investigations, prepare criminal cases, and recommend sentences. Although the criminal code specifies a presumption of innocence, in practice the prosecutor's recommendations generally prevailed. If a judge's sentence does not correspond with the prosecutor's recommendation, the prosecutor may appeal the sentence to a higher court. Verdicts often are based solely on confessions and witness testimony, which are extracted through torture, threats to family members, or other means of coercion. Legal protections against double jeopardy are not applied in practice.
The law provides a right of appeal to defendants. In political cases appeals did not result in reversals of convictions, but in other cases appeals resulted in reduced or suspended sentences.
Defense attorneys had limited access in some cases to government-held evidence relevant to their clients' cases. In most cases, prosecution was based solely upon defendants' confessions or incriminating testimony from state witnesses, particularly in cases involving suspected HT members. Lawyers may, and occasionally did, call on judges to reject confessions and to investigate claims of torture. Judges often did not respond to such claims or dismissed them as groundless.
Political Prisoners and Detainees
The government denied that there were any political prisoners, and it was impossible to determine the actual number of prisoners or detainees held on political grounds. Observers estimated that 13 to 25 individuals were political prisoners. While a few political prisoners were released during the year, other individuals were imprisoned on what appeared to be politically motivated charges for crimes such as extortion and hooliganism. Starting in October the government allowed the ICRC to visit prisons, but family members of political prisoners reported that in the past monitors were not given access to political prisoners or detainees.
Family members of Yusuf Juma, a poet sentenced in April 2008 to five years in prison for allegedly assaulting a police officer during a protest, reported repeatedly that his health was deteriorating. Family members also reported that guards continued to torture Juma and that prison administrators often delayed or refused their attempts to visit him.
Civil and Judicial Procedures and Remedies
Although the constitution provides for it, the judiciary is not independent or impartial in civil matters. Citizens may file suit in civil courts, if appropriate, on cases of alleged human rights violations. There were reported cases in which courts decided in favor of plaintiffs. However, there were also reports that bribes to judges influenced decisions in civil court cases.
Civil courts operate on the city or district level, as well as the interdistrict and provincial levels. There are also supreme civil courts with jurisdiction over the Karakalpakstan Republic.
Economic courts with jurisdiction over the individual provinces, the city of Tashkent, and the Karakalpakstan Republic handle commercial disputes between legal entities. Decisions of these courts may be appealed to the supreme economic court.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The constitution and law prohibit such actions ((per p15 instructions)); however, authorities did not respect these prohibitions in practice. The law requires a search warrant for electronic surveillance, but there is no provision for a judicial review of such warrants.
There were reports of police and other security forces entering homes of human rights activists and religious figures without a warrant. Members of Protestant churches who held worship services in private homes reported that on numerous occasions armed security officers raided services and detained church members on suspicion of illegal religious activity.
Citizens generally assumed that security agencies routinely monitored telephone calls and employed surveillance and wiretaps of persons involved in opposition political activities.
The government continued to use an estimated 12,000 neighborhood committees ("mahallas") as a source of information on potential extremists. Committees served varied social support functions, but they also functioned as a link among local society, government, and law enforcement. Mahalla committees in rural areas tended to be more influential than those in cities.
There were credible reports that police, employers, and neighborhood committees harassed family members of human rights activists.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution and law provide for freedom of speech and the press, but the government generally did not respect these rights in practice, and freedom of expression was severely limited.
The law limits criticism of the president, and public insult to the president is a crime punishable by as long as five years in prison. The law specifically prohibits articles that incite religious confrontation and ethnic discord or that advocate subverting or overthrowing the constitutional order.
The law holds all foreign and domestic media organizations accountable for the "objectivity" of their reporting, bans foreign journalists from working in the country without official accreditation, and requires that foreign media outlets be subject to mass media laws. The promotion of religious extremism, separatism, and fundamentalism, as well as the instigation of ethnic and religious hatred, are all prohibited. It bars legal entities with more than 30 percent foreign ownership from establishing media outlets in the country.
During the year police reportedly arrested some individuals for possessing literature of the banned religious extremist, anti-Semitic, and anti-Western group HT. Police also charged persons for possessing writings of the moderate Nur group.
The Uzbekistan National News Agency (UzA) cooperated closely with presidential staff to prepare and distribute all officially sanctioned news and information. In September UzA reported that more than 1,100 newspapers, magazines, news agencies, electronic media outlets, and Web sites were registered with the Uzbek Agency for Press and Information, which is responsible for monitoring all media. The cabinet of ministers owns and controls three of the country's most influential national daily newspapers, Pravda Vostoka (Russian language), Halq So'zi (Uzbek language), and Narodnoe Slovo (Russian language). The government, or government-controlled political parties or social movements, and the Tashkent municipal government and regional "hokimiyats" (administrations) own or control several other daily and weekly publications. Articles in state-controlled newspapers reflected the government's viewpoint. The main government newspaper published selected international wire stories.
The government also published news stories on official Internet sites including UzA.uz, operated by the National News Agency of Uzbekistan, and Jahonnews.uz, operated by the ministry of foreign affairs (MFA). A few Web sites, most notably Press-uz.info, Gorizont.uz, and Region.uz, purported to be independent, yet their reporting reflected the government's viewpoint.
The government allowed publication of a few private newspapers with limited circulation containing advertising, horoscopes, and similar features and some substantive local news, including infrequent stories critical of government socioeconomic policies. Three private national Russian-language newspapers--Novosti Uzbekistana, Zerkalo XXI Veka, and Biznes Vestnik Vostoka--carried news and editorials exclusively favorable to the central government, as did two Uzbek-language newspapers, Hurriyat (owned by the Journalists' Association) and Mohiyat (owned by Turkiston-Press, a nongovernmental information agency loyal to the state). Russian Federation newspapers and a variety of Russian Federation tabloids and lifestyle publications were available, and a modest selection of other foreign periodicals was available in Tashkent.
The four state-run channels dominated television broadcasting. Cable and satellite television channels were also widely watched in Tashkent. Numerous privately owned regional television stations and privately owned radio stations were influential among local audiences. The government tightly controlled broadcast and print media. Journalists and senior editorial staff in state media organizations reported that there were officials whose responsibilities included censorship. Government officials allegedly provided verbal directives to journalists not to cover certain events sponsored by foreign embassies. There were reports, however, that regional television outlets broadcast some moderately critical stories on local issues.
The government continued to refuse Radio Free Europe/Radio Liberty, Voice of America, and BBC World Service permission to broadcast from within the country. It also refused to accredit foreign journalists and local correspondents for those or other Western media, including Reuters and the Associated Press.
Harassment against journalists continued during the year. Police and security services subjected print and broadcast journalists to arrest, harassment, intimidation, and violence, as well as to bureaucratic restrictions on their activity.
In June authorities accused eight journalists from Yetti Iglim newspaper and Irmoq magazine (private, Uzbek language, scientific publications) of membership in the banned Nur religious movement. A court convicted all of the accused, with their sentences ranging from six and one-half years to 12 years in prison. The journalists, all of whom were graduates of Turkish schools, denied the charges.
On July 30, a court convicted independent journalist Dilmurod Sayid on charges of extortion and bribery and sentenced him to 12.5 years' imprisonment. Sayid's arrest came soon after he published articles regarding corruption of local government officials. Sayid's appeal remained under consideration. A foreign diplomat attempted to attend the initial appeal hearing but was denied entrance.
Independent journalist Salijon Abdurahmanov from Nukus served the first year of his 10-year sentence for what were widely considered politically motivated drug charges. His family reported in July that his health was deteriorating in prison.
On October 28, Reporters without Borders reported that law enforcement officials detained two Tashkent-based journalists crossing the border to Kyrgyzstan. Police questioned the journalists extensively and confiscated audio tapes of their interviews, but allowed them to return to Tashkent following the incident.
During the year there were reports that the government harassed journalists from state-run and independent media outlets in retaliation for their contacts with foreign diplomats. However, more journalists were able to participate during the year at foreign embassy events in Tashkent than in previous years.
Training of international media groups fell under higher scrutiny during the year. In May Charter IV, a Ukrainian nonprofit organization, planned to conduct training sessions for journalists in Tashkent. The government expressed its opposition shortly prior to their planned start, and the organizers cancelled the sessions.
It was unclear if during the year the National Association of Electronic Mass Media continued to use its directors' close relations with the government to persuade local television stations to join the association and occasionally broadcast prescribed government-produced programming, as it reportedly had done in the past.
Government security services and other offices regularly gave publishers articles and letters to publish under fictitious bylines, as well as explicit instructions about the types of stories permitted for publication. Often there was little distinction between the editorial content of a government or privately owned newspaper. There was little independent investigative reporting. The number of critical newspaper articles remained low and their scope narrow. Widely read tabloids, however, were able to publish some articles that lightly criticized government policies and discussed issues viewed as somewhat controversial, such as trafficking in persons.
The criminal and administrative codes impose significant fines for libel and defamation. The government used charges of libel, slander, and defamation to punish journalists, human rights activists, and others who criticized the president or the government.
On December 16, the Uzbek Communication and Information Agency initiated a defamation case against well-known photographer Umida Ahmedova for her work that was included in the documentaries "The Burden of Virginity" and "Customs of Men and Women." The documentaries looked at poverty and gender equality in the country, and the charges alleged that the photographs damaged the country?s image.
Internet Freedom
The government allowed access to the Internet and reported in September that the number of Internet users in the country was approximately 2.6 million. However, Internet service providers, at the government's request, routinely blocked access to Web sites or certain pages of Web sites the government considered objectionable. The government blocked several domestic and international news Web sites and those operated by opposition political parties.
The media law defines Web sites as media outlets, requiring them, as all local and foreign media to register with the authorities and to provide the names of their founder, chief editor, and staff members. Web sites are not required to submit hard copies of publications, as traditional media outlets are.
A 2007 law requires Internet providers to block access to blogs that discuss any aspect of the country, and according to local journalists, this injunction was enforced. Several online forums remained accessible, however. These forums allowed registered users to post comments and read discussions on a range of social issues facing the country.
A decree requires that all Web sites seeking a "uz" domain register with the state Agency for Press and Information. The decree generally affected only government-owned or government-controlled Web sites. Opposition Web sites and those operated by international NGOs or media outlets tended to have domain names registered outside the country.
Academic Freedom and Cultural Events
The government continued to limit academic freedom and cultural events. Authorities occasionally required department head approval for university lectures or lecture notes, and university professors generally practiced self-censorship. Numerous university students reported that universities taught mandatory courses on books and speeches of the president and that missing any of these seminars constituted grounds for expulsion.
Although a decree prohibited cooperation between higher educational institutions and foreign entities without explicit prior approval by the government, foreign institutions often were able to obtain such approval by working with the MFA, especially for foreign language projects. Some school and university administrations continued to pressure teachers and students not to participate in conferences sponsored by diplomatic missions.
On June 27, NSS officials halted the Kyrgyzstan-based American University of Central Asia (AUCA) attempt to conduct an entrance examination in the country by confiscating materials, interrogating students and administrators, and canceling the exam. The university representatives returned to Bishkek without their test materials; the confiscated materials remained with the government. The government stated that the exams were stopped because the AUCA did not have permission from the MFA.
On July 16, government officials shut down a foreign embassy outreach event explaining how to apply to foreign universities.
There were a few instances of individuals choosing not to participate in international exchange programs after being threatened with the loss of their jobs, but there were no reports of individuals actually losing their jobs after participating in such programs. During the year the government expressed concern over a foreign embassy-sponsored high school exchange program, which the embassy suspended. Authorities also cancelled the planned professional development conference for former international educational and professional exchange program participants.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution and law provide for freedom of assembly, but in practice the government often restricted this right. Authorities have the right to suspend or prohibit rallies, meetings, and demonstrations for security reasons. The government did not routinely grant the required permits for demonstrations. Citizens are subject to large fines for facilitating unsanctioned rallies, meetings, or demonstrations by providing space or other facilities or materials, as well as for violating procedures concerning the organizing of meetings, rallies, and demonstrations.