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 Turkmenistan on 17 September 2024. 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 timeframe. 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: the ongoing detention of Mr. Mansur Mingelov, as well as allegations regarding his lack of access to adequate healthcare, deteriorating health, restricted communication with his family, insufficient access to food meeting his dietary needs, and pressure faced by him and his family for demanding his rights.
Mr. Mansur Mingelov is a human rights defender from the Baloch minority who exposed human rights violations affecting members of this ethnic minority including torture and ill-treatment.
UN experts previously wrote to the Government of Turkmenistan regarding his alleged detention, ill-treatment, and lack of access to adequate healthcare on 31 July 2018 (UA TKM 1/2018).
ALLEGATIONS
Ongoing detention
On 10 September 2012, Mr. Mansur Mingelov was sentenced to 22 years in prison after what was reported as an unfair trial, conducted solely because of his peaceful and legitimate human rights work. He was convicted on several charges, allegedly including involving minors in anti-social acts (article 156 of the Criminal Code), distributing pornography (article 164), smuggling (article 254), and the illegal acquisition, storage, and transportation of drugs for the purpose of sale (article 292). These charges were reportedly fabricated. To date, Mr. Mingelov has served over 12 years in prison.
In March 2023, during the UN Human Rights Committee’s review of Turkmenistan’s implementation of the International Covenant on Civil and Political Rights (“ICCPR”), the Committee called for Mr. Mingelov’s release and the State delegation informed the Committee that his pardon was being considered.
In August 2023, the UN Committee on the Elimination of Racial Discrimination reviewed Turkmenistan’s compliance with the International Convention on the Elimination of All Forms of Racial Discrimination and raised concerns about Mr. Mingelov’s case. The State delegation responded that his pardon was under consideration by a special pardons commission.
However, Mr. Mingelov remains in detention, and the status of his pardon consideration remains unclear.
Lack of access to adequate healthcare and deteriorating health
One month after an X-ray on 26 June 2018 revealed that Mr. Mingelov had pulmonary tuberculosis, he was returned from the hospital to high-security penal colony LB-K/11 in Lebap province without receiving treatment. His condition has deteriorated ever since.
In 2021, he allegedly developed osteomyelitis in his right leg, which had reportedly been broken during his detention in 2012. He was allegedly admitted to the sanitary unit of the penal colony with a diagnosis of “acute osteomyelitis of the distal tibia complicated by tuberculosis, cold abscess, and intoxication.” The sanitary unit allegedly lacked the necessary medications, and his family was allegedly not allowed to send them under the pretext of COVID-19 restrictions.
In addition to pulmonary tuberculosis, Mr. Mingelov has allegedly developed severe bone tuberculosis, which affects both of his legs. As a result, he can only stand on crutches and only with assistance. In September 2023, it was allegedly discovered that the bone tuberculosis had also spread to his pelvis and spine. In Turkmenistan, bone tuberculosis at this stage is allegedly considered untreatable. Doctors have allegedly only suggested amputation of his legs. However, since the disease has spread to other parts of his body, the amputation would allegedly not stop it. Furthermore, in June 2024, a doctor from the Ministry of Internal Affairs’ medical commission from Ashgabat reportedly told him during examination that both legs were still viable and that with proper treatment abroad, the progression of the disease could be slowed. He refuses the amputation.
In 2020, Mr. Mingelov was transferred from the high-security penal colony LB-K/11 to the MR-B/15 prison hospital in Mary province, where he remains to this day. However, he has been pressured and threatened with being sent back.
Tuberculosis is a ground for the release of prisoners according to the Presidential Decree number 202 dated 11 May 2017. However, according to the information received, Mr. Mingelov has intentionally not been provided with written confirmation of his diagnosis, deliberately obstructing his ability to apply for release on medical grounds. Furthermore, security services officers allegedly threaten Mr. Mingelov, saying they will “find a way to deal with him” if he asserts his rights.
Communication with family and access to food meeting his dietary requirements
Mr. Mingelov’s mother passed away during his incarceration. He allegedly never saw her due to a lack of visitation authorization and could not attend her funeral. Mr. Mingelov’s father is 70 years old. Mr. Mingelov also has two children who are 12 and 22 years old. While other prisoners in the hospital are allowed physical visits with their families in a visiting room, Mr. Mingelov’s family can only communicate with him by telephone. Currently, meetings with relatives are allegedly restricted altogether.
In detention, Mr. Mingelov has reportedly lost a lot of weight because, as a vegetarian, he allegedly has difficulty accessing appropriate food. His relatives allegedly face difficulties when trying to deliver food to him: their parcels are either not accepted or delayed, resulting in food spoilage. At the same time, other people’s parcels are reportedly received without any problems.
Family members have also come under pressure for trying to draw attention to Mr. Mingelov’s situation and demand his rights.
CONCERNS
In the communication, we express our deep concern about Mr. Mingelov’s long-term imprisonment, allegedly in retaliation for his legitimate and peaceful defense of Baloch minority rights, and the fact that he remains in detention, despite assurances from the State delegation during treaty body reviews over a year ago.
We are also concerned by allegations that Mr. Mingelov is being prevented from applying for release on medical grounds, which he reportedly qualifies for under the Presidential Decree number 202 dated 11 May 2017. We are alarmed by reports of his deteriorating health and denial of adequate medical assistance for years, restricted communication with his family, and inadequate food meeting his dietary needs.
Lastly, we are concerned about alleged pressure on him and his family for drawing attention to his situation and demanding his rights.
