Erkin Musaev

Cases
Location of case in SG report
2010-044-001
Relevant SG report
Year of the report
2010
Country Geolocation

Latitude: 41.377491

Longitude: 64.585262

Country Geolocation (linked Cases)
Uzbekistan
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
23 February 2009
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Type of rights defended
  • Civil/political rights
Was the victim a civil servant, member of the security forces or of the judiciary?
No
Reported trigger of reprisal

whose detention had been declared arbitrary in Working Group Opinion No. 14/2008 (A/HRC/10/21/Add.1, p. 138). It was alleged that two officers from the National Security Service threatened that if he or his family did not withdraw their petitions or if they continued to make complaints to international human rights mechanisms or to spread news about the above-mentioned decision, they would face reprisals

Engagement with UN body
  • UN Special Procedures: thematic
Dates of engagement
Working Group Opinion No. 14/2008
Type of attempted engagement
  • Submission of information to UN
  • UN raised case of person/organization
Dates of mentioned reprisals
Unclear
Reprisal information

threatened that if he or his family did not withdraw their petitions or if they continued to make complaints to international human rights mechanisms or to spread news about the above-mentioned decision, they would face reprisals. Following this incident, Mr. Musaev was put under “special control”, that is, denied medical treatment and his movement within the territory of the penitentiary institution was restricted.

Types of reprisals suffered
  • Physical attack: Torture/Cruel, inhuman, degrading treatment
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
3
In which SG report was this case followed up on? 0
2011
Follow up information provided in SG report 0
  1.  Regarding  the  case  of  Erkin  Musaev  mentioned  in  my  previous  report,34  the  Chairperson-Rapporteur  of  the  Working  Group  on  Arbitrary  Detention  and  the  Special  Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment sent a joint urgent appeal on 21 March 2011. In the appeal, it was mentioned that, for the previous three months, Mr. Musaev had been regularly put into an isolation cell for periods of up to 15 days. On 15 February 2011, he was again placed in solitary confinement, then allegedly transferred to a medical unit of the prison owing to his deteriorating state of health. On 19 February 2011, Mr. Musaev was transferred to Tashkent Hospital, San Gorodok, where he was  undergoing  treatment;  however,  his  family  has  not  been  allowed  to  see  him.  It  is  further  reported  that,  while  in  isolation,  Mr.  Musaev  was  allegedly  beaten  by  prison  authorities. Mr. Musaev’s family has been warned not to contact any Uzbek authorities nor to  seek  further  information  about  Mr.  Musaev.  The  Government  responded  to  this  communication  on  12  May  2011.  Unfortunately,  at  the  time  of  completion  of  the  present  report, the translation of this response was not yet available.
Followup Trends 0
Deterioration/further reprisals
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • Other
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 1
2013
Follow up information provided in SG report 1
  1. Further to information included in my previous reports with regard to Erkin Musaev,35 the Government of Uzbekistan stated that the allegations of poor conditions of detention in Uzbekistan, and of Mr. Musaev's situation in particular, were not justified. It added that, throughout his imprisonment, Mr. Musaev had never been subjected to torture, ill-treatment, degrading treatment or any other violent acts by penitentiary staff, and that the conditions under which sentences were served in the correctional facilities of the Ministry of Internal Affairs conformed strictly to current legislation and the regulatory standards established by the Ministry.
Followup Trends 1
No substantive information provided by SG report
Did the government respond? 1
Yes
In which SG report was this case followed up on? 2
2012
Follow up information provided in SG report 2
  1. The case of Erklin Musaev was mentioned in my previous reports.16 Information received indicates that in March 2011 he was transferred to Navoyi prison, where the conditions of detention reportedly are severe and have had a detrimental effect on his health. On 21 March 2011 and on 3 May 2012, the Working Group on Arbitrary Detention and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment sent urgent appeals to the Government of Uzbekistan, expressing concerns at allegations that Mr. Musaev had been regularly placed in solitary confinement, ill-treated and beaten. On 12 May 2011, the Government responded to the communication of 21 March 2011 indicating that Mr. Musaev was receiving medical treatment and that no complaints or reports had been received from him or his family concerning unlawful acts by the staff of the law enforcement agencies. It has beenreported that Mr. Musev‟s family continues to be intimidated in order to silence them and to stop them from contacting international organizations.
Followup Trends 2
Deterioration/further reprisals
Date of follow up 2
3 May 2012
Did the government respond? 2
Yes
Was this case followed up by a UN body? 2
  • UN Special Procedures: Thematic