MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
5
26. On 23 March 1999 the Chamber decided to extend the interim
measure indicated pursuant to Rule 39 until further notice.
27. On 27 March 1999 the applicants were handed over to the Uzbek
authorities.
28. In a letter of 19 April 1999, the Government informed the Court that
it had received the following assurances regarding the two applicants from
the Uzbek authorities: on 9 March and 10 April 1999 the Uzbek embassy in
Ankara had transmitted two notes from the Ministry of Foreign Affairs to
which were appended two letters from the Public Prosecutor of the Republic
of Uzbekistan, stating:
“The applicants' property will not be liable to general confiscation, and the
applicants will not be subjected to acts of torture or sentenced to capital punishment.
The Republic of Uzbekistan is a party to the United Nations Convention against
Torture and accepts and reaffirms its obligation to comply with the requirements of
the provisions of that Convention as regards both Turkey and the international
community as a whole.”
29. On 11 June 1999 the Government transmitted to the Court a
diplomatic note dated 8 June 1999 from the Uzbek Ministry of Foreign
Affairs setting out the following points:
“It appears from investigations conducted by the Uzbek judicial authorities that
Mr Mamatkulov and Mr Askarov have played an active role in planning and
organising terrorist acts against the leaders of the Republic of Uzbekistan and its
people since May 1997, as members of a criminal organisation led by C.H. and T.Y.,
who are notorious religious extremists.
It appears from information obtained through cooperation with the intelligence
services of foreign countries that Mr Mamatkulov and Mr Askarov have committed
offences in Kazakhstan and Kyrgyzstan.
Their indictment, which was drawn up on the basis of previously obtained evidence,
includes a number of charges: setting up a criminal organisation, terrorism, a terrorist
attack on the President, seizing power through the use of force or by overthrowing the
constitutional order, arson, uttering forged documents and voluntary homicide.
All the investigations have been conducted with the participation of their lawyers.
The defendants have made statements of their own free will on the activities of the
criminal organisation and their role within it. That information has been corroborated
by the other evidence that has been obtained.
The assurances given by the Public Prosecutor of the Republic of Uzbekistan
concerning Mr Mamatkulov and Mr Askarov comply with Uzbekistan's obligations
under the United Nation's Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of 10 December 1984.
The defendants and their lawyers have examined the prosecution evidence relating
to the investigation and the proceedings and a copy of the indictment transmitted to
the Supreme Court has been served on them.