6
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
Arrangements for the accused's security during the investigation and trial have been
made through the use of secure premises (with cells specially equipped for that
purpose) and appropriate measures have been taken to prevent them being attacked.
The defendants' trial in the Supreme Court has recently begun with hearings in
public. The hearings are attended by members of the local and foreign press. Members
of diplomatic missions and representatives of human rights organisations also attend
the hearings.
Officials from the embassy of the Republic of Turkey may also attend.”
30. In a letter of 8 July 1999, the Government informed the Court that by
a judgment of 28 June 1999 the Supreme Court of the Republic of
Uzbekistan had found the applicants guilty of the offences charged and had
sentenced them to terms of imprisonment.
31. In a letter to the Court dated 15 September 1999, the applicants'
representatives said that they had not been able to contact their clients, that
conditions in Uzbek prisons were bad and prisoners subjected to torture.
They noted, inter alia:
“...
The applicants did not have a fair trial in the Republic of Uzbekistan. The rule
requiring trials to be held in public was not complied with. Our only information about
the applicants' trial comes from the Uzbek authorities.
We wrote to the Uzbek embassy in Ankara on 25 June 1999 requesting permission
to attend the trial as observers in our capacity as lawyers, but have received no reply.
As to the assertion that the applicants' trial was followed by 'members of the local
and foreign press and representatives of human rights organisations', the only nongovernmental organisation present in Uzbekistan that was able to follow the trial was
Human Rights Watch. Although we have made express requests to that organisation,
we have not been able to obtain any detailed information about the hearings and
events at the trial.
Since the applicants' extradition, we have been unable to contact them by either
letter or telephone. We still have no means of contacting them. This state of affairs
serves to confirm our suspicions that the applicants are not being held in proper prison
conditions.
According to the letter sent by the Court on 9 July 1999 and information published
in the press, Mr Mamatkulov has been sentenced to twenty years' imprisonment. That
is the heaviest sentence that can be handed down under the Uzbek Criminal Code.
Furthermore, if account is taken of the conditions of detention in Uzbek prisons, and
in particular of the use of torture, it is very difficult for prisoners to serve their
sentences in the prisons in proper conditions. Moreover, it is generally believed that
certain prisoners, in particular those convicted of offences pertaining to freedom of
expression, are given additional sentences.”
32. On 15 October 2001 the Uzbek Ministry of Foreign Affairs sent the
following information to the Turkish embassy in Tashkent: