Ruslan Sharipov, a journalist and human rights activist and member of the
Union of Independent Journalists of Uzbekistan (UIJU), was arrested on
May 26, 2003 in Tashkent with two other colleagues on suspicion of having
committed homosexual acts and sex with minors (1). Sharipov, although openly bi-sexual,
denied the second charge. In a statement written on July 16th from prison,
Sharipov stated that the case had been fabricated by the Mirzo Ulugbek
district department of internal affairs as punishment for his reporting for
the Russian PRIMA news agency critical of the department and for his activities
as chair of the unregistered human rights organization Brazhdanskoe Sodeystvye
(Civic Resistance). He added that forensic tests on
his alleged victims and himself exonerated him of the charges.
On August 8th, however, Sharipov appeared in the Mirzo Ulugbek district court
and reversed his previous denials, instead confessing to all three charges
and also renouncing all his critical articles from 2001 to May 2003. He also
asked forgiveness from the President and officers of the district
departments of internal affairs. This confession created alarm
among Sharipov's friends, family and lawyers, who suspected torture.
Furthermore, he had earlier appealed to allow his mother and defense team to
attend the August 8th hearing, which was to be held in closed trial due to
the sexual nature of the case. However, following his confession,
Sharipov asked that his mother and lawyers not be granted access to further hearings.
According to Reporters sans Frontières, Sharipov told a visitor on
August 27, 2003 that he had been forced to confess. Sharipov subsequently
confirmed the fears of his legal team, friends and family by sending a letter
from prison on September 5, 2003 reversing his confession, saying he had done so
under severe threat and ill-treatment, including death threats and threats of
injection with the AIDs virus (2).
Sharipov's lawyers appealed against the conviction, and although the charges of inappropriate behaviour were dropped at an appeal hearing on 25 September, the other charges were upheld and the sentence was reduced by only one year. Worryingly, observers at the appeal hearing noted that Sharipov's face was injured and his glasses broken.
Background
Sharipov, who is open about his sexual orientation, has been a critic of the
Uzbek government for many years and has written articles on alleged
corruption in the police force. He has worked with a number of international
human rights organizations. In 2002, he was physically attacked three times, once by police and twice by unidentified individuals.
According to Article 120 of the Uzbek criminal code, which had reportedly not been used for several years prior to this trial, a maximum of three years in prison can be given for "the satisfaction of a sexual urge by a man with a man without violence" - a year less than that handed down to Sharipov. Furthermore, Sharipov has stated that he has not had homosexual relations in the territory of Uzbekistan.
International PEN shares widespread concerns that Ruslan Sharipov is likely
being penalised for his long-standing criticism of the Uzbek authorities
through the fabrication of charges of sexual assault. Torture and intimidation
of political prisoners in Uzbekistan is widespread, leading to PEN's additional
concerns that Sharipov's confession may have been made under duress. It is calling for a review of the charges against Ruslan Sharipov in the light of concerns that they may have been fabricated, an investigation into the allegations of ill-treatment and lack of adherence to fair trial standards.
Sample Appeal Letter
If you can send just one letter, that will join the many other appeals and serve as a source of pressure on the Uzbek government.
Click here to see Pen's Statement Regarding Ruslan Sharipov's Court Appearance on September 25th.
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Footnotes:
1 Police refused to let Sharipov consult a lawyer until 28 May. When he did so, he complained that police officers had hit him on a number of occasions, had threatened to rape him with a bottle, and had interrogated him at length about some of his articles.
2 Click here for the full text of the letter.
Please contact ftw@pen.org if you have any questions.
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