On the case of Gulbahor Turaeva

May 14, 2007

There are false reports distributed by some mass media and foreign non-governmental organizations, particularly Radio Free Europe / Radio Liberty, Reuters, Deutsche Welle, Uznews.net, Human Rights Watch and Institute for Peace and War Reporting, regarding alleged “doubling of the term of imprisonment of human rights defender Gulbahor Turaeva”.

On the basis of information provided by the Supreme Court of the Republic of Uzbekistan the Mission of the Republic of Uzbekistan to the European Communities communicates the following:

On April 24, 2007 Andijan Regional Criminal Court sentenced G.Turaeva to 6 year imprisonment for perpetration of crimes, indicated in the following articles of the Criminal Code of the Republic of Uzbekistan:

Article 159 /part 3/ item b – encroachment to the constitutional order, organized by group of persons or in the interests of this group;

Article 244-1 /part 3/ item b – publishing and dissemination of materials containing threat to public security and public order with prevarication;

Article 244-2 /part 1 – establishing, leading and participation in illegal organisations.

Thus, this verdict was passed in view of the term of assignment of punishment while committing of several crimes indicated in article 59 of the Criminal Code of the Republic of Uzbekistan.

Furthermore, on May 7, 2007 Andijan Regional Criminal Court return G.Turaeva guilty in committing crimes indicated in sub-items (a) and (g) part 3 of article 139 (slander connected to the charge in committing serious or more grave crime on mercenary motives) of the Criminal code of the Republic of Uzbekistan.

Due to disseminated misinformation on allegedly increased term of imprisonment for G.Turaeva, the following should be stressed.

According to Article 57 of the Criminal Code of the Republic of Uzbekistan (imposition of lenient penalty) the Court imposed penalty in form of fine on amount of 648,000 soums (national currency). Also invocating article 50 (imposition of penalty for committing few crimes and sentences) and article 61 (rule of cumulative sentence), taking into account sentence dated April 24, 2007, on the basis of cumulative crimes, committed by G. Turaeva, on May 7, 2007 Court ruling sentenced her with general punishment in form of 6 year imprisonment and fine on amount of 648,000 soums.

On May 8, 2007 G. Turaeva exercised her right and appealed on aforesaid two sentences of Andijan Regional Criminal Court. These appeals together with the case file should be presented during 10 days to appeal’s instance, according to Article 497-6 of the Criminal Procedural Code of the Republic of Uzbekistan. Currently her appeals are being processed for further considering in appeal’s instance.

According to the article 497-13 of the Procedural Criminal Code of the Republic of Uzbekistan, appeal’s instance has the right by its determination: to leave verdict of the Court without change; to cancel the conviction of the Court and stop the case or to send the case for new judicial inquiry. It is necessary to note, that according to the article 494 of the Procedural Criminal Code of the Republic of Uzbekistan “court while considering criminal case in appellate, cassation or supervision way does not have the right to reinforce punishment or to use the law on more serious crime”.

Above mentioned information shows that information on the case of Gulbakhor Turaeva, disseminated by the indicated and other mass media and NGOs, based on unchecked facts, has subjective and tendentious nature. It is clear, that such actions are directed to artificial discharge of the situation on this issue and are undisguised and deliberate attempt to damage the image of Uzbekistan.