UN rights experts question Andijan trial

Experts with the office of the United Nations High Commissioner for Human Rights (OHCHR) have expressed their concern over the fairness of the trial of 15 men in Uzbekistan charged with terrorism after the uprising in the east of the country in May. A steady flow of information about the fairness of the trial, obtained from reltives, NGOs and international organisations, has been coming in to a group of UN special rapporteurs, a spokeswoman for the office of the UN Special Rapporteur on Torture, said on Thursday from Geneva. "Some of the information is of course concerning the preparation of the trial, but some of it became obvious only during the trial," she explained. Her comments came a day after four UN special rapporteurs - reporting the UN Commission on Human Rights (CHR) on the issues of extra judicial, summary or arbitrary executions; human rights and counter-terrorism; independence of judges and lawyers; and torture - expressed their concern regarding the conduct and the legislative framework in the ongoing trial of 15 men at the Supreme Court in the Uzbek capital, Tashkent. The defendants are accused of being the main organisers of the uprising in the eastern city of Andijan on 13 May. An OHCHR report made available in July found that consistent, credible eye-witness testimony strongly suggested the military and security forces committed grave human rights violations while suppressing the anti-government demonstration. Rights groups say upwards of 1,000, mainly unarmed civilians, may have been killed, when the security forces violently suppressed the protest in the city. Tashkent reported that the death toll was only 187, saying the majority of them were terrorists. "The crimes with which the accused have been charged include premeditated murder and terrorism, which are punishable by death. Over 100 others are still in detention in connection with the Andijan events and are expected to face trial on similar charges," a statement by the rapporteurs said. The special rapporteurs expressed concern over some irregularities in the preparation of the trial and of defence procedures that failed to ensure a fair trial. They also fear that the crime of terrorism is not defined in national law in a manner compatible with the requirements of the International Covenant on Civil and Political Rights (ICCPR) in relation to crimes subject to capital punishment. Moreover, as little evidence has been presented during the trial, apart from confessions, and in light of the fact that they were not cross-examined by independent lawyers, the special rapporteurs have expressed concern that the defendants' confessions may have been obtained by means of torture. The previous Special Rapporteur on Torture, Theo van Boven, in his report released in early 2003 following a visit to Uzbekistan, said that torture was systematic in the country's penitentiary system and detention facilities, while torture and other forms of ill-treatment appeared to be used indiscriminately against persons charged with serious crimes such as acts against state interests, as well as petty criminals and others. The rapporteurs emphasised that according to General Assembly Resolution 59/191: "States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law". They also underlined that Tashkent, as a signatory to the ICCPR, was obliged to observe all the guarantees for a fair trial in capital punishment cases, with no exceptions. Although UN Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, has put forward a request to visit the country, his office has not received any invitation yet. "We remain very worried about the situation in Uzbekistan and rather sceptical about the trial," Despouy told a news briefing in Geneva last week. "We want to interview the accused, know the exact charges against them and observe the fairness of the trial. Otherwise it could be a fiction of a trial," the UN official added. Tashkent has not responded to a request by UN High Commissioner for Human Rights Louise Arbour last month to send an observer team to the trial in Tashkent either.