Nurgeldi Halykov
Cases- Case status
- Unknown
- Location of case in SG report
- 2021-107-001
- Relevant SG report
- Year of the report
- 2021
- From Country
- Country Geolocation
Latitude: 38.969719
Longitude: 59.556278
- Country Geolocation (linked Cases)
- Turkmenistan
- From Region
- UN body that raised the case prior to the SG report
- UN Special Procedures: Thematic
- Dates of prior UN action
- 17 February 2021
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
an independent journalist, who was sentenced to four years in prison shortly after he had shared a photograph of a World Health Organization (WHO) delegation visiting Turkmenistan in July 2020 to study the COVID-19 pandemic situation.
- Type of rights defended
- Unclear in SG Report
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
shared a photograph of a World Health Organization (WHO) delegation visiting Turkmenistan in July 2020 to study the COVID-19 pandemic situation.
- Engagement with UN body
- Other
- Dates of engagement
- July 2020
- Dates of mentioned reprisals
- July 2020
- Location of mentioned reprisals
- Turkmenistant
- Reprisal information
On 17 February 2021, special procedures mandate holders addressed allegations of “allegedly meritless charges, judicial harassment and seemingly arbitrary detention” against Mr. Nurgeldi Halykov, an independent journalist, who was sentenced to four years in prison shortly after he had shared a photograph of a World Health Organization (WHO) delegation visiting Turkmenistan in July 2020 to study the COVID-19 pandemic situation (TKM 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).
- Types of reprisals suffered
- Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
- Charge/Investigation/Prosecution: Conviction
- Charge/Investigation/Prosecution: Trial
- Detention/Imprisonment: Detention/Imprisonment - General
- Property damage/raid/search/confiscation
- 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?
- Yes
- Government response dates
- 18 March 2021
- Government response content
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.
- Was the case raised by a State at the UN?
- Yes
- Which State raised the case at the UN and when?
BENELUX raised the case in August 2021 at the 48th session of the HRC during the interactive dialogue with the Assistant Secretary-General under item 5; “To ensure accountability, BENELUX wishes to express our particular concern about the following cases of reprisals: – In Turkmenistan, journalist Mr. Nurgeldi Halkak has been sentenced to four years in prison.”
- 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?
- Yes
- How many times has the case been followed up in subsequent SG reports?
- 1
- In which SG report was this case followed up on? 0
- 2022
- Follow up information provided in SG report 0
- The case of Mr. Nurgeldi Halykov, an independent journalist, was included in the 2021 report of the Secretary-General on allegations of judicial harassment and a four-years prison sentence on fraud charges shortly after he had shared of information on social media about the visit a World Health Organization (WHO) delegation to Turkmenistan in July 2020 to study the COVID-19 pandemic situation (TKM 1/2021). Mandate holders expressed concern that the reason for Mr. Halykov’s imprisonment was his dissemination of information about the WHO visit. Highlighting a tightly controlled media environment and the extensive surveillance system reportedly in place, mandate holders noted common under-reporting and self-censorship due to the high level of risks and a widespread environment of fear (TKM 1/2021). The Government responded, stating that the allegations were groundless and informing that Mr. Halykov was sentenced based on fraudulent activity.
- According to information received by OHCHR, Mr. Halykov continues to serve his sentence in the eastern Lebap region and has not been able to receive family visits or phone calls during the reporting period. Allegedly, when his case is publicly reported, Mr. Halykov is at increased risk of further reprisals; he is reportedly placed in solitary confinement between three to five days and is not allowed to move in the colony with other inmates.
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- No