CCPR/C/114/D/2234/2013
that rendered the judgement against the author. This does not constitute a higher tribunal as
stipulated in article 14 (5). The author’s requests for review and appeal to the Supreme
Court were denied.
3.6
The author claims that her arrest on 7 October 2005 by over thirty heavily armed law
enforcement officers and the raid of her apartment and offices in her absence breached
article 17 (1) of the Covenant.
3.7
The author submits that, when she was attacked while holding pickets in May and
August 2003, the authorities failed to adequately investigate the attacks and, on both
occasions, she was charged for holding an unlawful demonstration. Even though these
charges were eventually dropped, the attacks, the failure to hold the perpetrators
responsible and the prosecutions of the author were carried out on account of her human
rights activities, and as such constituted an interference with her right to freedom of
expression and opinion that were not justified by any of the exceptions provided for in
article 19 (3) (a) and (b). The author was also detained, charged, indicted and later
convicted and imprisoned for allegedly distributing propaganda material, threatening the
public order and establishing an unregistered public organization.
3.8
The law enforcement authorities charged her with organizing unlawful
demonstrations with regard to the pickets held in May and August 2003. These restrictions
on her freedom of assembly are not justified, as they were neither in the interest of national
security or public safety, nor necessary for the protection of public health, morals or rights
and freedoms of others. The measures are also disproportionate in violation of article 21 of
the Covenant.
3.9
The author was detained, charged, indicted, convicted and imprisoned for having
established an unregistered public organization. The severe restriction on her freedom of
association did not meet any of the criteria listed in article 22 (2) of the Covenant.
3.10 The author submits that the gang rape committed against her on 15 April 2005 at
Bektemir District Department of Internal Affairs, as well as her sterilization without her
consent constitute violations of article 26, as they amount to discrimination on the basis of
her sex. The author submits that, by arbitrarily and unlawfully arresting, detaining,
prosecuting and convicting her on account of her human rights activities, the State party
also violated her rights under article 26, which protects against discrimination on grounds
of political or other opinion.
State party’s observations on the merits
4.1
On 4 July 2014, the State party submits that the author’s complaint had been
reviewed by the competent authorities in Uzbekistan, who concluded that her allegations
were invented and biased. Its verification established that between 2002 and October 2005
no criminal investigations were initiated against the author and the Ferghana Regional
Court did not hear any administrative affairs against her.
4.2
The State party submits that, on 6 October 2005, the author was arrested by officers
of the Ferghana Regional Procurator’s Office when she was being given money by a certain
Mr. M. On 7 October 2005, a criminal investigation for extortion was initiated and, on 8
October 2005, extortion charges were brought against the author. She was detained on
remand and, on 14 October 2005, she was placed in Ferghana Remand Centre No. 10. On
21 January 2006, the author was moved to Ferghana Remand Centre No. 1, in accordance
with the decision of the Tashkent Regional Court of 18 January 2006.
4.3
In accordance with the 6 March 2006 verdict issued by the Tashkent Regional Court,
which was confirmed upon appeal on 30 May 2006, the author was found guilty of 13
different charges and was convicted to eight years’ imprisonment. According to the verdict,
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