Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Archive for April 29th, 2010

UN Human Rights Committe on Uzbekistan

Posted by Info on 29/04/2010

The Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties.

All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.

98th Session

15. The Committee has noted the State party’s explanations on the scope of application of the notions of “terrorism” and “terrorist activities” as included in the State party’s Law on fight against terrorism (article 2) and the Criminal Code (article 155). While noting the State party’s affirmation that its anti-terrorist legislation is in full compliance with the provisions of the Covenant, the Committee remains concerned about how the Covenant’s guarantees apply in practice to persons suspected or charged with such crimes. The Committee also remains concerned regarding the number of persons reportedly detained as suspects of involvement in terrorist/extremist activities or on terrorist charges (arts. 9 and 14).

16. The Committee remains concerned that the judiciary is not fully independent in the State party, in particular owing to the fact that judges’ positions are renewed in effect by the Executive every five years (articles 2 and 14).

24. The State party should allow representatives of international organisations and NGOs to enter and work in the country and should guarantee journalists and human rights defenders in Uzbekistan the right to freedom of expression in the conduct of their activities.

27. The State party should widely disseminate the text of its third periodic report, the written responses it has provided in response to the list of issues drawn up by the Committee, and the present concluding observations to its judicial, legislative and administrative authorities, civil society and non-governmental organizations operating as well as among the general public. Hard copies of those documents should be distributed to universities, public libraries, and all other relevant places.

Posted in UN, Uzbekistan | Leave a Comment »

UN Human Rights Committee On Execution Of Two Individuals In Belarus

Posted by Info on 29/04/2010

The Human Rights Committee has recently received information indicating that two individuals under sentence of death, whose cases are currently pending before the Committee, and who alleged that they did not receive, in particular, a fair trial, have been executed in Belarus, despite the fact that requests for interim measures of protection had been issued by the Committee. The information relates to the cases of Mr. Andrei Zhuk (case 1910/2009) and Mr. Vasily Yuzepchuk (1906/2009).

On 23 March 2010, the Committee requested Belarus to provide clarifications on the matter, by end-of- business on Thursday, 25 March 2010, but no reply was received.

The Committee’s plenary discussed the events on 26 March 2010, in a public meeting. It expressed its dismay and indignation at the apparent execution of the two individuals, and its concern at the State party’s failure to cooperate in a good faith with the Committee, in its work on individual communications submitted under the Optional Protocol to the Covenant. The Committee also reiterated that executing individuals whose cases are pending before the Committee amounts to a grave breach of the Optional Protocol, in particular where a request for interim protection under rule 92 of the Committee’s Rules of Procedure has been issued.
Press release on the matter.

Posted in Belarus, UN | Leave a Comment »

Кадыров: «Мемориал» финансируется Западом

Posted by Info on 29/04/2010

«Мемориал» — это организация, получающая финансирование с Запада, считает президент Чечни Рамзан Кадыров. Об этом он сообщил на пресс-конференции для иностранных журналистов. «Они выполняют все, что им поручают те, кто платит, — отметил Кадыров. — Всегда найдутся люди, готовые за большие деньги выполнять «грязную» работу». Так глава республики ответил на заявление журналиста о том, что в прошлом году в Чечне был похищен 91 человек.
«У вас неверная информация. Нет у нас такого количества похищенных, вы путаете.”

«Я раз двадцать встречался со Светланой Ганнушкиной, Олегом Орловым. Год назад на встрече с ними я попросил задавать мне самые неприятные вопросы. Я их просил доказать мне, что они больше меня заботятся о защите прав жителей республики, и что они делают для этого народа больше, чем я», — заявил презилент Чечни.

«Все, что они могли мне предоставить, так это какой-то список с подписями и без фамилий. Кто угодно мог поставить эти росписи».

«Защита прав человека — это для нас святое дело, — подчеркнул Кадыров.

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Uzbekistan’s Worst Prison – Place Of No Return – Two Died By Torture

Posted by Info on 29/04/2010

The bodies of two inmates suspected of being tortured to death have been released from Uzbekistan’s worst prison Jaslyk that has the reputation of a place of no return.
Nurullo Musayev, 36 was jailed for 20 years for attempting to overthrow the constitutional system and membership of a banned religious organisation in 2000. According to the death certificate, Musayev died of internal bleeding in the lungs, but it does not specify the causes of the bleeding. Relatives said that at a meeting on 8 January the inmate looked perfectly healthy. The family brought the body home on 13 April and it was buried in presence of police on 14 April.

Relatives who washed the body said that they had the impression that Musayev’s neck bones were broken or severely damaged because his head was unnaturally hanging loose around his neck.

Another religious convict Rahmatullo was also held in Jaslyk, but just before his death he had been transferred to detention centre No 3 in Bukhara, where he died. The cause of the death is unknown.

The Expert Workinggroup receives information about the inhumane treatment of inmates in Jaslyk – torture and violence. It said that pressure was also increased on religious convicts in other prisons. For example, they have been banned from talking to other prisoners.

If a religious convict talks to other religious convicts, he may be accused of plotting a conspiracy, i.e. a new attempt on Uzbekistan’s constitutional system, whereas if he talks to non-religious convicts, he may easily be accused of conducting missionary activities and trying to change the latter’s religious convictions.

Posted in Uzbekistan | Leave a Comment »

Top Court Throws Out 40% of Lower Court Rulings – System of Phone Justice

Posted by Info on 29/04/2010

The Supreme Court said it had accepted 481 out of 834 requests to review criminal cases decided by lower courts in the last six months of 2009. “Laws and procedures were applied wrongly in 40 percent of these decisions,” the court said in a report posted on its web site Tuesday. Litigating parties often decide against filing complaints because they have little trust in the legal system.

Yana Yakovleva, chairwoman of the Business Solidarity partnership, a pressure group for judicial reform, said the number of cases that were reviewed represented a tiny fraction of the some 1 million criminal cases tried every year. “This figure is based on less than 900, so there are many thousands we will never hear of.”

Viktor Ilyukhin, a Communist State Duma deputy and former prosecutor, said 40 percent was a very high rate. “This means that when we debate judicial reform, we must also speak about the qualification of judges.”
Anatoly Kucherena, a prominent lawyer: “We need to carefully analyze how professional judges can make such errors,” he said.

“There is currently no system for training judges. They are selected by standard criteria. We need special institutes to prepare them for work over the course of one year.”
But experts agreed that a well-trained judge was of little use if he could not be independent.

Yakovleva, a financial director of a Moscow-based chemical company who spent seven months in a pretrial detention center on charges that were later dropped, said the main problem was that judges felt intimidated by prosecutors.

“Too often, judges just do not dare to rule against the prosecutor’s closing arguments.”
Ilyukhin pointed to widespread allegations that judges rule according to prior orders received from government officials over the telephone. “As long as we have this system of telephone justice, all reforms won’t bring us far.”

Critics have long maintained that the country’s legal system is overly punitive.Supreme Court Chief Justice Lebedev said earlier this year that while Russian courts last year convicted more than 920,000 people, the number of acquittals was less than 1 percent of that figure.

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