MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
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(d) Nine years' imprisonment pursuant to Article 158 § 1 of the Criminal Code
(attempted terrorist attack on the President of the Republic of Uzbekistan);
(e) Nine years' imprisonment pursuant to Article 159 § 4 of the Criminal Code
(attempt to undermine the constitutional regime of the Republic of Uzbekistan,
conspiracy to take power or overthrow the constitutional regime of the Republic of
Uzbekistan);
(f) Nine years' imprisonment pursuant to Article 161 of the Criminal Code (attempt
to destroy property or to damage peoples' health, massacres committed with the
intention of harming the activities of State bodies and undermining social, political
and economic stability);
(g) Nine years' imprisonment pursuant to Article 173 § 3 (b) (destruction of, or
intentional damage to, property belonging to others by or in the interests of a group of
individuals);
(h) Ten years' imprisonment pursuant to Article 223 § 2 (b) (entering or leaving
Uzbek territory illegally and with premeditation);
(i) Two years' community service pursuant to Article 228 § 3 (manufacture, use and
sale of false documents: seal, stamp, headed notepaper);
(j) Ten years' imprisonment pursuant to Article 242 § 1 (forming an armed
organisation or gang to commit offences and holding a position of authority or special
position within such organisation or gang).
Is sentenced to eleven years' imprisonment pursuant to Article 59 of the Criminal
Code (aggregation of sentences for several offences) to be served in strict-regime
penal institutions.
Z. Askarov is currently serving his sentence in Şayhali Prison, which is under the
authority of the Office of Internal Affairs of the province of Kashkadarya. He is in
good health and is entitled to receive visits from close relatives. He did not receive an
amnesty under the Amnesty Decree of 22 August 2001.”
33. At the hearing on 23 October 2001, the Government informed the
Court that on 19 October 2001 two officials from the Turkish embassy in
Tashkent had visited the applicants in Zarafshan Prison and Şayhali Prison,
which are respectively 750 and 560 kilometres from Tashkent. According to
the embassy officials, the applicants were in good health and had not
complained about their prison conditions.
34. On 3 December 2001 the Uzbek authorities communicated to the
Government medical certificates that had been drawn up by military doctors
in the prisons in which the applicants were being held. The doctors made the
following findings:
“... Mr Mamatkulov was imprisoned on 9 December 2000. He did not present any
health problems on arrival. Examinations on 14 December 2000 and 2 April 2001 did
not reveal any pathological symptoms.