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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