The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Tajikistan on 12 May 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this time frame. If a reply is received it will be posted on the UN Special Procedures communications database.
This is a shorter version of the original communication.
BACKGROUND
Topic: alleged arbitrary detention, enforced disappearance and criminalisation of human rights defenders Mr. Daler Bobiev, Mr. Avazmad Ghurbatov, Mr. Zavqibek Sohibov, Mr. Abdusattor Kotibov, Mr. Abdulmajid Rizoev, Ms. Ulfathonim Mamadshoeva, Mr. Manuchekhr Kholiknazarov, Mr. Faromuz Irgashov, and Mr. Khushruz Djumaev.
Mr. Daler Bobiev is a journalist, blogger, and human rights defender, who works under the name Daler Imomali. His YouTube channel @DalerImomali covered social issues and citizens’ complaints about alleged Government abuses and had about 150 000 subscribers as of June 2022.
Mr. Avazmad Ghurbatov is a journalist, blogger, award-winning documentary filmmaker, and human rights defender, who works under the name Abdulloh Ghurbati. He worked as a camera operator on YouTube channel @DalerImomali. He also worked for Tajikistan’s Centre for Investigative Journalism and the independent news agency Asia Plus.
Mr. Zavqibek Sohibov is a journalist and blogger, who works under the name Zavqibek Saidamini, and a human rights defender. He published commentaries and reports on his YouTube channels @zavqibeksaidamini5128 and @zavqtv3508 with a total of about 15 000 subscribers at the time of his arrest. He covered topics including alleged abuses and injustices by the authorities, border conflicts with Kyrgyzstan, and religion. He also called for the release of his colleagues Mr. Avazmad Ghurbatov and Mr. Daler Bobiev.
Mr. Abdusattor Kotibov is a journalist and blogger, who works under the name Abdusattor Pirmukhammadzoda, and a human rights defender. He published his views on free speech and alleged Government injustices on his YouTube channel @abdusattorpirmuhammadzoda8014 with about 39 000 subscribers at the time of his arrest. He also called for the release of his colleagues Mr. Avazmad Ghurbatov and Mr. Daler Bobiev.
Mr. Abdulmajid Rizoev is a human rights defender, lawyer, and previously a member of the Association of Young Lawyers Amparo, which was forcibly dissolved in 2012. Mr. Rizoev monitored and reported human rights violations within the Tajikistan military and provided legal assistance to conscripts and soldiers subjected to such violations. Mr. Rizoev also represented people whose homes were due to be demolished as part of new construction projects in Dushanbe.
Ms. Ulfathonim Mamadshoeva is a civil society representative of the Pamiri minority in the Gorno-Badakhshan Autonomous Region (“GBAO”), a journalist, and a human rights defender. In the past, she founded and led the local non-governmental organisation Nomus va Insof focusing on children’s and women’s rights.
Mr. Manuchekhr Kholiknazarov is a lawyer and human rights defender. He was a leader of the Pamir Lawyers’ Association and a member of the Civil Society Coalition against Torture and Impunity in Tajikistan and Commission 44, a group of human rights defenders and activists investigating human rights violations in the GBAO.
Mr. Faromuz Irgashov is a human rights lawyer, a member of the Pamir Lawyers’ Association, and a former member of the GBAO local parliament. He was also an unregistered candidate for the 2020 presidential election in Tajikistan. As a lawyer, he was engaged in the defence of Pamiri minority leaders in various cases. He represented the Khorog community’s policing partnership team in the 2016‑2020 Police Reform Programme, through which he mediated to prevent local conflicts and advocated for the human rights of the local population. He was also a leading member of Commission 44, a group of human rights defenders and activists investigating human rights violations in the GBAO.
Mr. Khushruz Djumaev is a journalist and blogger known under the pseudonym Khushom Guliam. He covered the history and culture of the Pamiri people on his website Pomere.info, unavailable at the time of writing, and social media, and contributed to several other cultural, linguistic, and media projects in the GBAO.
ALLEGATIONS
1. The case of Mr. Daler Bobiev (Daler Imomali)
On 4 June 2022, Mr. Bobiev allegedly recorded a report at the Hukumat of the Shohmansur District of Dushanbe. On his way back from the Hukumat, a car without number plates allegedly stopped his taxi. People in the car allegedly introduced themselves as law enforcement officers and said he had to follow them. They allegedly drove him to the office of their law enforcement agency, where one of them allegedly hit Mr. Bobiev several times. Then law enforcement officers from several agencies allegedly interrogated him for five hours. They allegedly asked him about his report on house demolitions by the local authorities and demanded that he delete two of his YouTube videos in as conditions for his release. He allegedly deleted the videos under the pressure of these demands.
On 15 June 2022, Mr. Bobiev was allegedly arrested in Tajikistan’s northern Ayni district. As per the information received, he was charged under article 259 part 1 (“illegal entrepreneurship”), article 346 part 2 (a) (“premeditated false denunciation of a grave or particularly grave offence”), and article 307 (3) part 2 (“participating in the activities of an extremist organisation and assisting them through the mass media, the internet or otherwise”) of the Criminal Code. The charges allegedly related to his YouTube earnings, a video published over a year earlier containing accusations against the Deputy Head of the Shohmansur District (allegedly deleted by Mr. Bobiev soon after the publication), and alleged ties to the banned opposition movement Group 24, reportedly denied by both the journalist and Group 24.
On 18 June 2022, the Shohmansur District Court of Dushanbe reportedly placed Mr. Bobiev in pre-trial detention in a closed-door hearing and classified his case as secret. The lawyers were placed under a non-disclosure order. According to reports, Mr. Bobiev was denied family visits and had respiratory problems in detention.
On 17 October 2022, the Shohmansur District Court allegedly convicted Mr. Bobiev on all counts and sentenced him to ten years in prison and a substantial 12 000 TJS (EUR 994) fine in a closed trial held at the pre-trial detention facility. The verdict was allegedly upheld on appeal.
Following the concerns raised about Mr. Bobiev’s health problems in detention, the Government of Tajikistan provided information to the UN Human Rights Committee. According to the information provided by the Government on 5 April 2023, the doctors of the Medical Department of the Main Directorate, general practitioners, cardiologists, surgeons, and dermatologists examined him in detention. Mr. Bobiev’s general condition was assessed as satisfactory, and he was diagnosed with an acute respiratory tract infection, with chronic bronchitis in the acute phase as well as a fungal disease of skin in the healing stage. According to the information provided by the Government, the necessary treatment was prescribed, Mr. Bobiev did not need inpatient treatment, and he received the prescribed treatment in detention. However, concerns about his health condition still remain.
2. The case of Mr. Avazmad Ghurbatov (Abdulloh Ghurbati)
On 11 May 2020, two unidentified men allegedly attacked Mr. Ghurbatov outside his home in Dushanbe. He reportedly sustained injuries to his head, arms, and legs and suffered from backache as a result of the attack. Before that, since mid-April 2020, he had allegedly received several online and phone threats for his coverage of Tajikistan’s response to the COVID-19 pandemic (including, “We will find you and deal with you”). On 14 May 2020, a criminal investigation was opened into the attack, but the attackers have reportedly not been identified.
On 29 May 2020, three men allegedly attacked and beat up Mr. Ghurbatov in Tajikistan’s southern Khuroson district when he arrived to report on the aftermath of a landslide for local residents. The attackers have been identified, allegedly with the help of civil society. On 2 June 2020, the Khuroson District Court allegedly ordered each of them to pay a 580 TJS (EUR 48) fine for committing an administrative offence of “petty hooliganism” (article 460 of the Code of Administrative Offences) rather than “obstruction of the lawful professional activity of a journalist,” a more serious crime.
On 15 June 2022, Mr. Ghurbatov was allegedly summoned to the police office in Dushanbe for interrogation as a witness in the criminal case against Mr. Daler Bobiev. He was then reportedly arrested for allegedly striking and insulting a police officer as he left the interrogation.
On 18 June 2022, the Shohmansur District Court of Dushanbe reportedly placed him in pre-trial detention in a closed-door court hearing.
The Shohmansur District Prosecutor’s Office allegedly charged Mr. Ghurbatov under article 328 part 1 (“use of violence not threatening life or health of a public official”), article 330 part 1 (“publicly insulting a public official”), and article 307 (3) part 2 (“participating in the activities of an extremist organisation and assisting them through the mass media, the internet or otherwise”) of the Criminal Code.
On 4 October 2022, the Shohmansur District Court allegedly convicted Mr. Ghurbatov on all three counts and sentenced him to seven and a half years in prison in a closed trial held at the pre-trial detention facility.
In its official statement, dated 3 November 2022, the Prosecutor General’s Office explained the extremism charge by saying Mr. Ghurbatov had repeatedly “discredited” the Government policies in his Facebook posts, and was subscribed to a YouTube channel linked to the banned opposition organisations National Alliance and Islamic Renaissance Party. He also followed the channels and used their videos. The Islamic Renaissance Party’s spokesman had reportedly said Mr. Ghurbatov had never been a member and had never cooperated with the party.
On 16 December 2022, the Dushanbe City Court reportedly upheld the verdict on appeal.
According to the information provided by the Government, on 5 April 2023, the doctors of the Medical Department of the Main Directorate, general practitioners, cardiologists, surgeons, and dermatologists examined him in detention. Mr. Ghurbatov’s general condition was assessed as satisfactory, and he was diagnosed with acute respiratory tract infection with chronic bronchitis in the acute phase and the fungal disease of skin in the healing stage. According to the information provided by the Government, the necessary treatment was prescribed, Mr. Ghurbatov did not need inpatient treatment, and he received the prescribed treatment in detention. However, concerns about his health condition remain.
3. The case of Mr. Zavqibek Sohibov (Zavqibek Saidamini)
On 8 July 2022, plainclothes law enforcement officers allegedly arrested Mr. Sohibov in Dushanbe and took him to the Ministry of Internal Affairs Department for Combating Organised Crime in the nearby town of Vahdat.
His whereabouts were reportedly unknown, and accordingly constitute an enforced disappearance, until the Prosecutor General’s Office confirmed at a press conference on 15 July 2022 that he was detained on suspicion of alleged collaboration with the banned political organisations Islamic Renaissance Party of Tajikistan and group 24. Eventually, the Prosecutor General’s Office also reportedly announced that on 13 July 2022 a criminal case was opened against him under article 307 (3) part 2 of the Criminal Code (“participating in the activities of a political party, public or religious association or other organisation banned as extremist”). The Islamic Renaissance Party of Tajikistan, group 24, and Mr. Sohibov denied these allegations.
On 3 November 2022, the Ismoili Somoni District Court of Dushanbe allegedly found Mr. Sohibov guilty of collaboration with the two banned organisations and convicted him to seven years in prison. The trial was allegedly held in the pre-trial detention centre and was closed. The judge reportedly did not take into consideration evidence offered by the defence.
On 30 November 2022, the Dushanbe City Court reportedly upheld the verdict on appeal.
Mr. Sohibov reportedly suffers from spinal pain in detention.
4. The case of Mr. Abdusattor Kotibov (Abdusattor Pirmukhammadzoda)
On 7 July 2022, the Ministry of Internal Affairs Department for Combating Organised Crime in Vahdat allegedly summoned Mr. Kotibov for questioning and interrogated him for several hours. The Department for Combating Organised Crime also reportedly seized his phone and searched his home. Then they released him and reportedly told him it was his “last warning” to stop critical posting on social media.
On 9 July 2022, Mr. Kotibov was reportedly summoned to the Department for Combating Organised Crime in Vahdat again. After that, his whereabouts were reportedly unknown for 16 days, during which he was therefore subjected to enforced disappearance. On 15 July 2022, the Prosecutor General’s Office announced at a press conference that he was being held in the Vahdat Town Department of Internal Affairs’ temporary detention facility, detained until 19 July 2022 for disobeying police orders. However, the detention facility in Vahdat allegedly denied that Mr. Kotibov was there, and his whereabouts remained unknown until the family found him at the temporary detention facility in the Firdavsi district of Dushanbe. During the time when his whereabouts were unknown, Mr. Kotibov allegedly had no access to a lawyer, was beaten, electrocuted, and forced to record a false confession video.
On 19 July 2022, the Department for Combating Organised Crime reportedly announced at a press conference that a criminal case was opened against Mr. Kotibov under article 307 (1) of the Criminal Code (“public calls for extremist activities and public justification of extremism”).
On 12 September 2022, it was reported that investigators had opened a case against him under article 307 (3) part 2 (“participating in the activities of an extremist organisation and assisting them through the mass media, the internet or otherwise”).
On 26 December 2022, the Ismoili Somoni District Court of Dushanbe allegedly found him guilty of participating in the activities of an extremist organisation and sentenced him to seven years in prison in a closed trial held in the pre-trial detention centre.
In early March 2023, Mr. Kotibov was reportedly transferred to the Khujand prison colony, far from his family. He reportedly shares a cell with about 60 convicts and the water they are given is unfit for drinking.
According to the information received, Mr. Kotibov suffers from migraine. While he allegedly received some medicine from family members during the investigation stage, it is unclear whether he receives medicines in prison.
5. The case of Mr. Abdulmajid Rizoev
On 18 November 2020, plainclothes law enforcement officials arrested Mr. Rizoev without a warrant at his office in Dushanbe. He was then taken to a temporary detention facility. However, his family was unaware of his whereabouts until the following morning, when residents whom Mr. Rizoev was assisting and had been meeting with at the time of his arrest contacted his family to inform them. Following his arrest, Mr. Rizoev was placed in pre-trial detention in detention center n°1 in Dushanbe, where his right to family visitation and phone calls was restricted.
On 8 February 2021, Mr. Rizoev appeared before the Shokhmansur District Court for the first hearing on the charge of “public calls for performance of an extremist activity made using the mass media or the internet” under article 307 (1) part 2 of the Criminal Code. The charges were filed in relation to his Facebook posts in 2019 and 2020.
With regard to the charges, the Government of Tajikistan clarified in response to a previous communication from Special Procedures Mandate Holders (TJK 2/2021) that Mr. Rizoev was prosecuted for his Facebook posts that “cast doubt on the results of the 1 March 2020 elections to the Majlisi namoyandagon of the Majlisi Oli (the lower chamber of the parliament) of Tajikistan, as well as other materials of an extremist nature,” in particular the following: “You are in deep trouble. Now at least the people are busy with the Internet,” “Stop putting up with the Government and officials,” “The wise Government fights the causes of the protests, the stupid one fights the protesters,” “1. The people must live well. 2. The people must live. 3. The people must. We, the Tajik people, are at stage No. 3. Incredible,” “A brother said that the elections were unnecessary expenses. What do you think?”, “Participation in the elections is a sign of political intelligence. Anyone who didn’t participate in the elections lacks political intelligence,” “I, too, got involved; I took a little survey. Here are the results: 25 per cent voted, 75 per cent did not,” and so on, and with these actions, he allegedly made a public call for extremist activities.
On 14 June 2021, Mr. Rizoev was convicted by the Shokhmansur District Court of Dushanbe and sentenced to five and a half years of imprisonment.
On 11 August 2021, the Judicial Chamber for Criminal Cases of the Dushanbe City Court rejected the cassation appeal to review Mr. Rizoev’s case. On 10 December 2021, the Dushanbe City Court rejected the supervisory appeal.
On 26 August 2021, Mr. Rizoev was transferred to a high-security prison in Khujand. On 4 September 2021, he was allegedly placed in solitary confinement for three months for alleged violation of prison rules. During this time, he was reportedly denied family visits and parcels. The first visit by lawyers was allegedly permitted on 13 December 2021.
6. The case of Ms. Ulfathonim Mamadshoeva
On 18 May 2022, Ms. Mamadshoeva was arrested by agents from the State Committee for National Security and the Prosecutor General’s Office; no arrest warrant was produced. Her apartment in Dushanbe was searched, and her laptop and mobile telephone were reportedly seized.
On 19 May 2022, Ms. Mamadshoeva was charged with “publicly calling for violent change of the constitutional order” (article 307, part 2 of the Criminal Code). Her case was reportedly classified, and her lawyer was placed under a non-disclosure order. Ms. Mamadshoeva was held in the Dushanbe pre-trial detention centre of the State Committee for National Security and had limited access to her lawyer throughout her detention. She was reportedly held in isolation for an unspecified period, suffered extreme mental stress, and had to undergo mental health treatment.
On 24 May 2022, Tajikistan’s State-run TV broadcast a video in which Ms. Mamadshoeva “confessed” to organising the protest in Khorog earlier that month, with the support of a Tajik activist in exile, and a local Pamiri leader, who was killed on 22 May 2022.
On 15 July 2022, the Prosecutor General’s Office said in a videotaped press conference that the investigation was ongoing in the case of Ms. Mamadshoeva for “establishing a criminal organisation” (article 187, part 1 of the Criminal Code). According to subsequent reports, the authorities brought a total of eight charges against Ms. Mamadshoeva, and the prosecution requested a prison sentence of 25 years.
On 9 December 2022, it was reported that earlier that week the Supreme Court of Tajikistan allegedly sentenced 65-year-old Ms. Mamadshoeva to 21 years in prison. The trial was reportedly held behind closed doors in Dushanbe pre-trial detention centre of the State Committee for National Security. According to some reports, Ms. Mamadshoeva did not have access to her lawyer and the evidence used against her. The exact charges on which she was sentenced were unclear. During the trial, Ms. Mamadshoeva reportedly stated that her confession broadcast on 24 May 2022 was made under duress.
According to the statement of the Prosecutor General’s Office released on 26 January 2023, the Supreme Court tried Ms. Mamadshoeva and found her guilty of the following crimes: establishment and involvement in a criminal association, murder and attempted murder, terrorism, financing for illegal possession and transfer of ammunition and firearms to others, treason against the state, violent capture of state power or public call for violent change of the constitutional structure of the Republic of Tajikistan, disruption of political and social order, public call for extremist activities (extremism), and the establishment of extremist organisations. The statement contained no further details about the charges. According to the statement, the trial was closed, but a lawyer participated, and the cumulative sentence was 20 years of imprisonment.
According to the information received, Ms. Mamadshoeva was transferred to the detention centre of the Ministry of Internal Affairs after the verdict. Her lawyer and relatives submitted an appeal, and on 14 March 2023, the Chamber of the Supreme Court of Tajikistan allegedly started considering the appeal.
7. The case of Mr. Manuchekhr Kholiknazarov
On 28 May 2022, Mr. Kholiknazarov was among up to 13 members of Commission 44 who were arrested and interrogated. The GBAO Prosecutor’s Office questioned him for allegedly “receiving money from the banned National Alliance of Tajikistan.” He was taken into custody in the Ministry of Internal Affairs’ pre-trial detention centre. Mr. Kholiknazarov allegedly did not have access to a lawyer for the first week in detention. At least one lawyer allegedly had to turn down representing him because of pressure.
On 6 June 2022, Mr. Kholiknazarov was charged with “participation in a criminal association” (article 187, part 2 of the Criminal Code). He was moved to the Dushanbe pre-trial detention centre of the State Committee for National Security.
On 9 December 2022, it reportedly became known that the Supreme Court of Tajikistan had allegedly sentenced Mr. Kholiknazarov to 15 years in prison. The trial was reportedly held behind closed doors in a pre-trial detention centre, and he did not have access to lawyers and the evidence used against him. The exact charges on which he was sentenced were unclear. After the verdict, Mr. Kholiknazarov was reportedly transferred to the Ministry of Internal Affairs’ detention centre.
According to the statement of the Prosecutor General’s Office released on 26 January 2023, the Supreme Court tried Mr. Kholiknazarov and found him guilty of establishing a criminal association and extremist organisation. The statement contained no further details about the charges. According to the statement, the trial was closed, but a lawyer participated, and the cumulative sentence was 16 years of imprisonment.
According to the information received, Mr. Kholiknazarov’s health is deteriorating in detention, including problems with blood pressure. Family visits are reportedly restricted.
On 14 March 2023, the Chamber of the Supreme Court of Tajikistan allegedly started considering Mr. Kholiknazarov’s appeal.
8. The case of Mr. Faromuz Irgashov
On 28 May 2022, Mr. Faromuz Irgashov was arrested, allegedly after he came to the GBAO Prosecutor’s Office to inquire about the summoned and interrogated members of Commission 44. There was allegedly no warrant for his arrest. He was then taken into custody in the Ministry of Internal Affairs’ pre-trial detention centre in Khorog.
On 6 June 2022, Mr. Irgashov was charged with “participation in a criminal association” (article 187, part 2 of the Criminal Code). He was then moved to the Dushanbe pre-trial detention centre of the State Committee for National Security.
Mr. Irgashov was also charged with “public calls for violent change of the constitutional order of the Republic of Tajikistan” (article 307, part 2 of the Criminal Code), homicide (article 104 of the Criminal Code), and terrorism (article 179 of the Criminal Code). Mr. Irgashov had access to a lawyer when he was held in Khorog but has been unable to find legal support in Dushanbe, although he has been allowed to. Lawyers were reportedly afraid to take on his case.
On 9 December 2022, it was reported that the Supreme Court of Tajikistan had sentenced Mr. Irgashov to 30 years of imprisonment. He was allegedly found guilty of receiving illegal financial support from abroad, organising an unsanctioned rally, and participating in the activities of a criminal group. However, the exact charges on which he was sentenced were unclear. The trial was reportedly held behind closed doors at the pre-trial detention centre. Mr. Irgashov reportedly did not have access to a lawyer and the evidence used against him.
According to the Prosecutor General’s Office statement released on 26 January 2023, the Supreme Court tried Mr. Irgashov and found him guilty of the following crimes: establishment of a criminal association, attempted murder, terrorism and organisation of extremist activities. The statement contained no further details about the charges. According to the statement, the trial was closed, but a lawyer participated, and the cumulative sentence was 29 years of imprisonment.
According to the information received, Mr. Irgashov is permitted only visits by his mother, visits by other relatives are restricted.
9. The case of Mr. Khushruz Djumaev (Khushom Guliam)
In November 2021, the killing of a Pamiri man by security forces sparked widespread protests in the GBAO, followed by the Government’s crackdown through the alleged use of force against the protesters, internet shutdown, and subsequent threats and harassment of the members of the Pamiri minority.
After these events, in February 2022, Mr. Djumaev reportedly moved from Dushanbe to the GBAO and started helping the members of Commission 44, established to investigate the killing and the events that ensued, as a volunteer.
On 20 March 2022, he was reportedly detained in Khorog for about ten hours without a warrant. He was reportedly released without charges after questioning by the State Committee for National Security. In April 2022, he reportedly returned to Dushanbe.
On 19 May 2022, the Ministry of Internal Affairs Department for Combating Organised Crime officers reportedly arrested Mr. Djumaev at his home in Dushanbe. According to some reports, his electronic devices were seized. His family was unaware of his fate and whereabouts for four days before the authorities informed them that he was detained at the Department for Combating Organised Crime’s headquarters.
On 23 May 2022, a court allegedly remanded Mr. Djumaev in custody pending an investigation on unconfirmed charges. Authorities reportedly classified the case against him as secret and placed his lawyer under a non-disclosure order.
Mr. Djumaev was reportedly later charged with membership in a criminal group (article 187 of the Criminal Code) and making public calls to overthrow the constitutional order (article 307, part 2 of the Criminal Code). According to some reports, he was also charged with organising unsanctioned protests. The trial reportedly started on 20 September 2022.
On 9 December 2022, it was reported that, in the week of 5 December, the Supreme Court of Tajikistan convicted Mr. Djumaev and sentenced him to eight years in prison. The trial was reportedly held behind closed doors at the State Committee for National Security’s pre-trial detention centre in Dushanbe.
According to the statement of the Prosecutor General’s Office released on 26 January 2023, the Supreme Court tried Mr. Djumaev and found him guilty of establishing a criminal association. The statement contained no further details about the charges. According to the statement, the trial was closed, but a lawyer participated.
Mr. Djumaev has allegedly suffered several health problems in detention, including the inflammation of lungs. According to the information received, he has access to a doctor, but the detention conditions are inadequate for his health.
CONCERNS
In the communication, we express our utmost concern at the criminalisation and sentencing – in some cases to long terms, exceeding ten years – of the human rights defenders mentioned above. The criminalisation of the legitimate defence of the human rights of others and exercising the right to freedom of opinion and expression is incompatible with international human rights law and any restriction on freedom of expression that a government seeks to justify on the grounds of national security and counter-terrorism must have a genuine purpose and demonstrable effect of protecting a legitimate national security interest.
We are concerned about these human rights defenders’ alleged arbitrary arrests and detentions and, in several cases, alleged home searches and seizure of electronic devices. We are also gravely concerned about the alleged instances of torture and ill-treatment, including in order to extract false confessions, as well as the allegations that, in the cases of Mr. Sohibov, Mr. Kotiubov, and Mr. Djumaev, they were subjected to enforced disappearance in the initial stages of their deprivation of liberty.
We would also like to express serious concerns about the apparent pattern of using extremism- and terrorism-related charges against human rights defenders and minority activists, particularly those defending the rights of the Pamiri minority, allegedly to discredit them and justify further secrecy around their cases.
We note with concern that several of the provisions used against these human rights defenders have previously raised concerns due to their overbroad and ambiguous definitions, which go against the principle of legal certainty, are susceptible to criminalise the peaceful exercise of freedom of association, assembly and may create a chilling effect on civil society engaged in non-violent criticism of state policies. We are gravely concerned about the alleged practice of classifying criminal cases and imposing non-disclosure obligations on lawyers, as well as the alleged pattern of holding closed trials, often without regard to due process standards. We reiterate that the decision to hold closed judicial hearings does not alleviate the Government’s obligation to inform families of the individuals concerned of their exact whereabouts.
In relation to legal representation, we are concerned about the allegedly restricted access to lawyers and the reported pressure due to which some lawyers do not take up human rights defenders’ cases.
All this, together with the use of heavy sentences, sends a clear and chilling message to human rights defenders in Tajikistan to cease work or face heavy penalties, and results in a serious shrinking of civic space in the country.
We are concerned about the detention conditions of all human rights defenders listed above and the state of health of Mr. Daler Bobiev, Mr. Avazmad Ghurbatov, Mr. Zavqibek Sohibov, Mr. Abdusattor Kotibov, Ms. Ulfathonim Mamadshoeva, Mr. Manuchekhr Kholiknazarov and Mr. Khushruz Djumaev.
Finally, we are concerned about the alleged lack of effective investigation into the 11 May 2020 physical attack against Mr. Avazmad Ghurbatov.
