A/HRC/48/28
1/2021). On 12 July 2020, Mr. Halykov reportedly sent the photo of the WHO delegation
visiting Ashgabat to journalist colleagues abroad, with the aim of raising awareness about
the visit. The photo had been shared on social media by an acquaintance. The following day,
Mr. Halykov’s acquaintance was summoned by the police for questioning, during which time
their phone was inspected, including personal and social media contacts, photos, and recent
correspondence. Later that day, Mr. Halykov was reportedly also summoned for questioning,
reportedly either by police officers or members of the Ministry of National Security of
Turkmenistan (MNS), which was the last known update Mr. Halykov gave to his colleagues,
after which contact with him through regular channels was reportedly lost.
108. On 15 September 2020, the Bagtyyarlyk district court of Ashgabat sentenced Mr.
Halykov to four years in prison for fraud under article 228, Chapter 2 of the Criminal Code
of Turkmenistan. Mr. Halykov was informed that he was summoned in relation to a complaint
for a 2020 debt, which he had previously not been aware of. Mandate holders noted that the
verdict for fraud given to Mr. Halykov was reportedly unusual for debt-related cases that are
typically resolved amicably, noting also that it was unclear how a debt-related charge would
have evolved into charges of fraud and the immediate imposition of pre-trial detention (TKM
1/2021).
109. Mandate holders expressed concern that the charges against Mr. Halykov were
fabricated, and that the reason for his imprisonment was the dissemination of the WHO
delegation photograph, which would constitute an act of reprisal for cooperation with the
UN. Mandate holders further noted that “it is reportedly likely that the number of such cases
is significantly higher but under-reporting and self-censorship are common due to the high
level of risk and a widespread environment of fear. Many individuals in Turkmenistan are
unwilling to attempt to make their testimonies publicly known, and even when they do, the
tightly-controlled media environment and extensive surveillance system mean that they do
not often come to light” (TKM 1/2021). On 18 March 2021, the Government responded, 67
indicating that the Bagtyýarlyk District Court in Ashgabat sentenced Mr. Halykov, under
article 228 (2) of the Criminal Code, to four years of deprivation of liberty for fraud. Mr.
Halykov is currently serving his sentence at the LB-E/12 institution of the police
administration of Lebap Province.
110. On 18 August 2021, the Government responded to the note verbale sent in connection
to the present report regarding the case of Mr. Nurgeldi Halykov, stating that the allegations
that his sentencing was related to the posting of photos of the WHO delegation are groundless
and that other nationals have posted such photos without criminal liability. The Government
reiterated that Mr. Halykov has been sentenced based on fraudulent activity (promising
inhabitants of Ashkhabad employment abroad and luring them out of $5000). The
Government stated that from 15 September 2020 to the present he had one long visit with his
mother and received food from her and other relatives 12 times.
29.
United Arab Emirates
111. Multiple special procedures mandate holders raised alarm during the reporting period
about arbitrary detention, long prison sentences and the use of counter-terrorism legislation
to justify the targeting of human rights defenders, including those facing reprisals for having
cooperated with the UN.68 In November 2020, during its eighty-ninth session, the Working
Group on Arbitrary Detention, in reviewing the situations of two women who had allegedly
suffered reprisals for engaging with the UN (see Annex II), noted that they were among the
“many cases brought before the Working Group in recent years concerning arbitrary
detention in the United Arab Emirates,” and that “this pattern indicates a systemic problem”
(A/HRC/WGAD/2020/61, para. 95).
67
68
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