1.2 On 22 February 2000, in accordance with rule
92 (old rule 86) of its rules of procedure, the Human
Rights Committee, acting through its Special
Rapporteur for New Communications, requested the
State party not to carry out the death sentence
against Uigun and Oibek Ruzmetov, pending the
determination of their case by the Committee. This
request for interim measures for protection was
reiterated on 17 December 2002. No reply was
received from the State party.
According to the author, seven militiamen lived in
her house from 28 December 1998 to 6 February
1999. Throughout this period, all family members
were threatened with being shot, and they were at all
times accompanied by a militiaman. No family
member was allowed to leave the house or to make
phone calls.
2.2 Uigun and Oibek Ruzmetov were arrested on
1 January 1999, and their father, Sobir Ruzmetov
was arrested on 2 January 1999 in their apartment in
Pitnak, on the basis of the warrants issued by the
Prosecutor of Khozarasp. Uigun and Oibek
Ruzmetov’s charges included: (a) attempt to
overthrow the Government, (b) forcefully to change
the constitutional regime, (c) to establish an Islamic
fundamentalist regime, (d) to organize a “jihad”
movement, and (e) murder under aggravating
circumstances. Sobir Ruzmetov was charged with
illegal possession of weapons and drugs without
intent to sell. According to the author, while in
detention in the basement of Urgench Office of the
Department of Internal Affairs, her sons were
subjected to torture by militia officers, with a view
to obtaining self-incriminating “confessions”.
Allegedly, they were punched; beaten with
truncheons; kicked; raped; hung up with their hands
tied at the back; forcefully dropped on a cement
floor; threatened with rape of their wives and with
arrest of their parents.
1.3 By letter of 14 October 2003, the author
informed the Committee that after several inquiries
about the whereabouts of her sons to the authorities,
she was informed, by letter of the Tashkent Regional
Court dated 13 June 2000, that Uigun and Oibek
Ruzmetov had been executed on 29 September 1999
(i.e., prior to the receipt of the communication by the
Committee). 2 She indicates, however, that
information provided by the Tashkent Regional
Court contradicts information which she received on
an unspecified date from the Yunusabad District
Bureau of the Civilian Registry Office (ZAGS), an
agency responsible for maintaining records of the
death of individuals, confirming that no official
record about the death of Uigun and Oibek
Ruzmetov had been received in 1999-2000.
The facts as presented by the author
2.1 At midnight on 28 December 1998, five
officers of the Khazorasp prosecutor’s office and
District Department of Internal Affairs, accompanied
by several militiamen, broke into the author’s house
in Khazorasp. They conducted a thorough search,
without any warrant, in the presence of two
witnesses. In response to the author’s request to be
served a search warrant, an officer of the Department
of Internal Affairs began questioning her about
religious beliefs and the whereabouts of her sons,
who were in Pitnak, around 20 km from Khazorasp.
A protocol certifying that the search had produced
no results was drawn up in two copies, one of which
was given to the author. Six militiamen remained as
guards. At 5 a.m. on 29 December 1998, one
Mr. Bozbekov entered a room in the house and
placed three bullets into a jar. At midnight on 30
December 1998, militiamen armed with machine
guns entered the author’s house with a prosecutor
and a Chief of the militia, and conducted another
search, this time with a warrant. The three bullets in
the empty jar, banned religious literature and a
packet of drugs were found this time. A protocol was
drawn up but no copy was given to the author,
despite repeated requests. According to the author,
subsequent charges against her sons and husband
were partly based on what was found during the
second search. A number of personal belongings
were taken from the house during the searches.
2
2.3 At 7 p.m. on 5 January 1999, Mrs. Sultanova
was allegedly ordered to bring all her clothes and
food from the house in order to visit her husband,
Sobir Ruzmetov, in a prison in Urgench. She was
brought to the Chief of Urgench National Security
Service, who insulted her. She then was brought to
the basement of Urgench Office of the Department
of Internal Affairs, handcuffed and placed in solitary
confinement. Her clothes were removed, and she
was thus exposed by the National Security Service’s
Chief to 2–3 young men, among them one of her
sons. She allegedly hardly recognized Uigun, whose
body was covered with bruises and showed visible
marks of torture.
2.4 Early on 6 February 1999, seven militiamen
entered the author’s house and caused considerable
damage to her property. The author submitted close
to 100 complaints, requesting an investigation. They
were addressed to the Khazorasp prosecutor, the
Regional Prosecutor’s Office, the President of
Uzbekistan, the Minister of Internal Affairs and the
President of the Supreme Court. According to the
author, none of the above initiated an investigation.
2.5 The author contends that she was not
informed of the date of her sons’ trial. As a result,
she could not hire an independent lawyer to defend
them during the trial, and they were represented by
an ex officio defence attorney. Having learned by
The communication was received on 7 February 2000.
54
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