were arrested, including his brother, Saidabror
Askarov and the Davlatov brothers, as well as
Karimov.
2.16 The author affirms that his brother was not
informed of his right to be represented by a lawyer
from the moment of arrest, nor of the right to have a
lawyer designated free of charge in case of lack of
financial means. On 23 June 2001, the investigators
appointed a lawyer (Aliev) for him. After one
month, the family privately retained a lawyer,
Fayzullaev, because all attempts to meet with the
investigation-appointed lawyer failed. The new
lawyer was allegedly forced to withdraw by the
investigators, because he complained to the
Prosecutor General about the illegality of Askarov’s
charges. After that, they privately hired a third
lawyer.
2.12 The author claims that after Askarov’s arrest
(exact date not provided), the latter was held in a
building of the Ministry of Internal Affairs for a
week. The author affirms that the Ministry’s
premises are inadequate for a long detention. On 4
May 2001, his brother was transferred to a
Temporary Detention Centre where, instead of the
statutorily authori7ed period, he was kept until 24
May 2001, and then he was transferred to the
Investigation Detention Centre No 1. During the
initial month of detention, Askarov was interrogated
at the Ministry of Internal Affairs’ building all day
long and often interrogatories continued into the
night. An official record of his arrest was allegedly
produced only on 4 May 2001 and he was placed in
custody by a decision the same day. Abdulmadzhid
and Nazar Davlatovs were sent to the Temporary
Detention Centre on 5 May, and transferred to the
Investigation Centre No.1 on 24 May 2001.
2.17 In court, Askarov and the Davlatov brothers
retracted their confessions. They claimed innocence
and affirmed that they were in Panch region from 9
to 14 April 2001. This was confirmed by five
witnesses. The court concluded that the court
depositions, including the allegations of torture,
were made in order to escape criminal liability.
2.18 The author presents similar claims to those
made on behalf of Karimov (para. 2.9, letters (e) to
(h) above).
2.13 The author claims that during the first three
days of detention, Askarov and the Davlatov
brothers were not given any food but received only
limited quantities of water. The food provided to the
detainees was insufficient and the parcels the family
sent to the authorities did not reach the detainees.
2.19 The judgement against Askarov and the
Davlatov brothers was confirmed, on 29 April 2002,
by the Supreme Court’s Criminal Chamber.
The complaint
2.14 According to the author, his brother Askarov
was subjected to beatings and torture to force him to
confess guilt. He allegedly received electric shocks
with a special device, and electric cables were
introduced into his mouth and anus or were attached
to his teeth or genitals. One of his fingers was
broken. 5 In addition, he was placed under
psychological pressure, because his brothers Amon
(the author of the present communication) was also
arrested together with their other brother, Khabib, on
27 April, and detained until 29 May 2001, and their
fourth brother, Sulaymon, was also arrested on 27
April and released two months later. Askarov was
constantly reminded of his brothers’ arrests. Because
of this treatment, Askarov and Davlatovs signed
confessions.
Karimov’s case
3.1 The author claims that in violation of articles
7 and 14, paragraph 3 (g), his son was beaten,
tortured, and put under psychological pressure and
thus forced to confess guilt.
3.2 His son’s rights under article 9, paragraphs 1
and 2, were violated, because he was arrested
unlawfully and was not charged for a long period of
time after arrest.
3.3 He claims that in violation of article 10, the
conditions of detention during the early stages of his
son’s arrest were inadequate. The food received was
insufficient and the parcels sent by the family were
not transmitted to him.
2.15 Allegedly, Askarov was only allowed to meet
with relatives for ten minutes six months after arrest
(exact date not provided), in investigators’ presence.
Nazar Davlatov met his relatives only at the
beginning of the trial, whereas Abdumadzhid
Davlatov saw his mother only six months after his
arrest.
3.4 The author further claims that his son’s rights
under article 14, paragraph 1, were violated because
the court was partial. His son’s presumption of
innocence was violated, contrary to article 14,
paragraph 2, because of the statement of the high
ranked policeman in court that the accused were
“dangerous criminals”. He adds that article 14,
paragraph 3 (e), was violated as the testimonies of
the witnesses on his son’s behalf were rejected under
the simple pretext that they were false.
5
The author claims that one of the persons that tortured
his brother was Rasulov, deputy chief of Dushanbe’s
Criminal Search Department. Every day he visited the
Temporary Detention Centre to check whether there
“[was] good news for him”. Receiving a negative reply, he
beat Askarov.
3.5 Finally, it is claimed that Karimov’s rights
under article 6, paragraphs 1 and 2, were violated, as
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