A/HRC/45/36
132. The case of Mr. Mohamad Ismat Mohamad Shaker Az was included in the 2018
and 2019 reports of the Secretary-General (A/HRC/39/41, Annex II, para. 56, 58;
A/HRC/42/31, para. 79 and Annex II, paras. 107–108) concerning his treatment, including
being placed in solitary confinement, following an opinion issued by the Working Group on
Arbitrary Detention who found his detention arbitrary (ARE 6/2017).90 It was reported to
OHCHR that as of May 2020, Mr. Shaker Az’s family last had telephone contact with him
in August 2019. Since then, they have been denied contact and have not been able to obtain
information on his condition, fate or whereabouts, despite requests to prison authorities.
133. On 14 July 2020, the Government responded to the note verbale sent in connection
to the present report, refuting that Ms. Soulayman Al-Ballushi, Ms. Alabduli, Mr.
Mekkaoui, Mr. Shaker Az have been subject to arbitrary detention or torture, or been placed
in solitary confinement. The Government indicated that all have received the necessary
health care and that while family visits were suspended due to COVID-19, all individuals
have the right to phone calls. It noted that Ms. Abdulnoor was serving her sentence for
abetting terrorism because of her support to Al Qaeda when the breast cancer she had
before incarceration worsened, and she died in custody under the care of the State. The
Government refutes the allegations pertaining to Mr. Mansoor, who they state has received
regular medical care and meals and the alleged hunger strike is not true.
26.
Uzbekistan
134. The case of Ms. Elena Urlaeva, 91 of the Human Rights Defenders Alliance of
Uzbekistan, was included in the 2018 and 2017 reports of the Secretary-General
(A/HRC/39/41, Annex II, paras 59–61; A/HRC/36/31, Annex I, paras. 88–89) on
allegations of arrest and forced confinement in a psychiatric hospital to prevent her from
engaging with the ILO (UZB 1/2017).92
135. On 28 November 2019, the Committee against Torture, in its concluding
observations on the fifth periodic report of Uzbekistan, noted with concern the allegations
received that human rights defenders and journalists are being involuntarily committed to
psychiatric hospitals in order to prevent them from conducting their work, and referred to
the case of Ms. Urlaeva (CAT/C/UZB/CO/5, para. 17). OHCHR received reports that, on 5
November 2019, Ms. Urlaeva and a co-worker were forcibly arrested in Chirchik Hakimiat
during a cotton harvesting monitoring activity that was part of a joint project with the ILO.
On 12 November 2019, the Administrative Court of Chirchik city ruled that both
individuals had committed administrative offences under Article 183 “Hooliganism” and
Article 194 “Disobedience to Police Officers” of the Code on Administrative Responsibility,
and they were both fined. Ms. Urlaeva and her co-worker could not attend the trial as they
reportedly received the notification on 19 November 2019.
136. On 22 June 2020, the Government responded to the note verbale sent in connection
to the present report, indicating that Ms. Urlaeva was not in the list of participants of the
video conference of 5 November 2019 in Chirchik city Administration but she tried to force
her way into the premises ignoring the requests of the Administration employees. The
Administrative Court of Chirchik city notified Ms. Urlaeva about the time and location of
the hearing, however, due to her absence without reason and no requests for postponement,
the trial was held in absentia, and she was accused on 24 January 2020 of committing an
administrative offence. Following Ms. Urlaeva’s appeal, the Tashkent Regional
Administrative Court reviewed the case and cancelled the decision, returning the case to the
Chirchik city Administration for an additional inquiry. The Government stated that Ms.
Urlaeva is registered since 2001 in Tashkent Psychiatric Hospital No. 2 with a mental
health condition, and since 2006 is legally incapacitated by decision of the Mirabad
Interdistrict Civil Court. Taking into account Article 20 of the Code of Administrative
Responsibility, on 10 March 2020 a decision was made to terminate administrative
proceedings against Ms. Urlaeva.
90
91
92
Opinion No. 21/2017 adopted by the Working Group on Arbitrary Detention at its seventy-eighth
session, concerning Mohamad Ismat Mohamad Shaker Az (United Arab Emirates), 19–28 April 2017.
Also spelled Elena Urlayeva.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33483.
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