A/HRC/45/36
129. On 5 February 2020, the Government responded, 98 stating that no individual or
group is subject to investigation or judicial prosecution for legal activities. The First Police
Court of Istanbul initiated a judicial investigation concerning Ms. Kaya for a crime of
“incitement to hatred and hostility” in connection to a Tweet with hostile language about a
military operation by Turkey in Syria. On 13 July 2020, the Government responded to the
note verbale sent in connection to the present report, indicating that the travel ban for Ms.
Kaya was lifted on 13 January 2020. It noted that on 8 June 2020, the case was adjudicated
and Ms. Nurcan will no longer be prosecuted, as there is no criminal behaviour in her
action. Ms. Kaya’s application to the Constitutional Court, dated 9 December 2019, is still
under review.
36.
Uzbekistan
130. On 25 September 2019, the Special Rapporteur on the independence of judges and
lawyers, at the end of his visit to Uzbekistan, regretted that some defence lawyers and civil
society activists had reported being subject to intimidation prior to or following their
meetings with him. He “denounce[d] any form of reprisal and intimidation against
individuals and institutions as a result of their lawful cooperation with [his] mandate” and
called on “the Government to take all appropriate measures to ensure the physical and
mental integrity of civil society representatives who interacted with [him], and to carry out
an investigation on these acts of reprisals.” 99 In his April 2020 report, the Special
Rapporteur regretted such acts and incidents, allegedly carried out by representatives of the
State Security Services (A/HRC/44/47/Add.1, para. 4).
131. On 2 December 2019, the Special Rapporteur addressed the alleged surveillance,
questioning, and intimidation of Mr. Dilmurod Madaliev, Mr. Akhmadjon Madmarov,
Mr. Ganikhon Mamatkhonov, and Mr. Akzam Turgunov, civil society representatives
who engaged with him during the visit (UZB 5/2019). The Special Rapporteur received
additional information and credible testimony of acts of intimidation and reprisals against
other individuals who met or tried to meet with him during his visit, which he was not able
to raise in detail due to protection concerns.
132. Mr. Madaliev, Mr. Madmarov and Mr. Mamatkhonov are human rights defenders.
Mr. Madmarov and Mr. Mamatkhonov are also former political prisoners. On 21 September
2019, they took part in a meeting of civil society representatives with the Special
Rapporteur in Fergana. The Special Rapporteur received reports that plain-clothes security
officers were outside the hotel premises where the meeting was held. Following the
meeting, Mr. Madaliev was allegedly approached by an unidentified officer of the antiterrorism police unit, who asked him to provide information about the content of the
meeting and individuals who attended. Mr. Mamatkhonov was reportedly followed by a car
on his way home without being approached or questioned directly (see also UZB 6/2008 100;
2/2014101).
133. Mr. Turgunov is a human rights defender and former political prisoner (see also
UZB 15/2008; UZB 18/2008). 102 On 22 September 2019, Mr. Turgunov met with the
Special Rapporteur. Before the meeting, he allegedly received a telephone call from an
unidentified officer of the State Security Service asking him to explain the reason of the
meeting and the kind of information he intended to share. It is unclear how the State
Security Service became aware of this meeting. It is reported that Mr. Turgunov is routinely
subjected to surveillance, particularly when he meets with foreigners or is invited to
participate in activities by international organizations.
134. On 28 November 2019, the Committee against Torture, in its concluding
observations on the fifth periodic report of Uzbekistan, welcomed the release of a
substantial number of human rights defenders and journalists since September 2016,
98
99
100
101
102
46
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35149.
Preliminary observations, Mr. Diego García-Sayán, visit to Uzbekistan (19–25 September 2019),
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25043&LangID=E.
A/HRC/10/12/Add.1, paras. 2672–2673.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32642.
See Government response: A/HRC/13/22/Add.1, paras. 2389–2401.