UZBEKISTAN: TWELVE CONVICTED OF ALLEGED HIZB

C O N F I D E N T I A L TASHKENT 000985

SIPDIS

DEPT FOR DRL

E.O. 12958: DECL: 08/26/2018
TAGS: PGOV PREL PHUM KCRM KTER UZ
SUBJECT: UZBEKISTAN: TWELVE CONVICTED OF ALLEGED HIZB
UT-TAHRIR PRISON CONSPIRACY IN NAVOIY

REF: A. TASHKENT 777

B. TASHKENT 633

Classified By: Political Officer Tim Buckley for reasons 1.4 (B,D)


1. (C) Summary: Poloff met on August 22 with Akhmadjon
Madmarov, a Margilan-based human rights activist whose two
sons and two nephews are incarcerated for alleged membership
in extremist organizations. He reported that his son
Habibullah was convicted on August 15 along with 11 fellow
inmates of a Navoiy prison colony for a conspiracy plot to
form a Hizb ut-Tahrir cell. Habibullah was sentenced to 16.5
years in a strict-regime prison, which is in addition to the
3.5 year sentence authorities tacked on this April for
alleged violations of internal prison rules. Akhmadjon said
the case is "absurd" and will be appealed by the family's
attorney; a hearing is scheduled for September 5. Akhmadjon
also noted that the ICRC visits do not change anything and
have "a harmful effect" on prisoners' life due to reprisals
and crackdowns. We think Akhmadjon's claims that Uzbek
authorities looked for ways to keep his son in jail are
credible, and they are casting the net too widely in their
efforts to find and punish Hizb ut-Tahrir members. However,
we believe the ICRC prison visits have had a positive impact
during the course of the six-month trial period. Poloff also
facilitated transfer of funds from Human Rights Watch to
assist with medical treatment for one of Akhmadjon's other
sons, Hamidullo, who was recently released from jail. End
summary.

Extension of Sentence
--------------


2. (C) On August 22 poloff met with Akhmadjon Madmarov, who
just returned from visiting one of his imprisoned sons,
Habibullah Madmarov, at Prison Colony Number 29 in
Kattakurgan. Madmarov also has a son, Abdulla, serving the
tenth year of a 14-year sentence in Tashkent Province, and
another son, Hamidullo, who was recently released from jail
(ref). He also has two nephews who are incarcerated in
Qarshi; all were convicted for membership in religious
extremist organizations. As reported in ref A, Akhmadjon
Madmarov reiterated that on April 1 Habibullah was found
guilty of "violating the rules of the prison" and sentenced
to 3.5 additional years in prison as his initial sentence was
expiring. Akhmadjon Madmarov obtained and shared a copy of a
court document outlining these violations -- shirking work
assignments, etc -- but he noted it made no reference to the
more serious Hizb ut-Tahrir conspiracy authorities
subsequently tried his son for.

Another Conviction
--------------


3. (C) Akhmadjon Madmarov reported that his son Habibullah
was also charged along with 11 other fellow inmates of a
conspiracy that they allegedly organized in the aftermath of
the Andijon events. (Note: He provided an Uzbek language
copy of the lengthy investigation and verdict documents
obtained by the family's attorney. End note.) According to
the verdict, the accused organized a Hizb ut-Tahrir cell
inside the prison, "with the purpose of changing the
constitutional order in Uzbekistan to call for religious
extremism and separatism." The closed trial, accusing
Habibullah and the other religious prisoners of violations of
several articles of the Uzbek Criminal Code, began on August
4 and was concluded on August 15 with a guilty verdict for
all twelve. Habibullah was sentenced to 16.5 years which,
significantly, must be served at a strict-regime prison.
(Note: Habibullah is presently in a regular-regime prison,
which his father Akhmadjon Madmarov reported already includes
"very poor conditions inside." End note.) Habibullah told
poloff that a total of 37 inmates were actually charged,

although the verdict only names 12; there are more names on
the investigation document and it is possible that the others
will be convicted separately.


4. (C) Akhmadjon Madmarov complained that the charges are
"absurd," and that the lengthy court document does not
include any specific allegations of what the group did. He
added that his son maintains his innocence, and noted that "a
state should protect its citizens, whereas this trial was
unfair." In his opinion, "probably no more than three to
five of this group" actually belonged to Hizb ut-Tahrir. He
added that the religious prisoners were placed in a separate
area of the prison from the general population, which he said
made it easier for authorities to allege the group was
organizing. Akhmadjon Madmarov confirmed that an attorney
was present for the trial (despite being given short notice)
and has filed an appeal; the hearing will take place on
September 5 in Navoiy. Akhmadjon Madmarov was told he cannot
visit his son again until the appeal is complete.

ICRC Visits "Harmful"
--------------


5. (C) Poloff asked whether he thought prison conditions were
improving as a result of ICRC visits throughout Uzbekistan,
to which Akhmadjon Madmarov replied that such visits "are
only harmful." He explained that there are consequences for
the prisoners after they talk to ICRC visitors and that
prison officials resent criticism that ICRC passes along to
the Government of Uzbekistan. (Comment: With so many close
family members incarcerated, Akhmadjon Madmarov is likely
emotional about this; we continue to believe that, on
balance, conditions at prisons are improving throughout the
country as a result of the ICRC visits. The six-month trial
period ends on September 11, and the ICRC Regional Delegation
in Central Asia requested the Ambassador's assistance in
pushing for an extension. End comment.)

Funds via Human Rights Watch
--------------


6. (C) Human Rights Watch Country Researcher, Igor Vorontsov,
who still follows human rights cases closely despite being
barred by the Government of Uzbekistan from working in the
country, facilitated a money transfer from a private donor to
help Akhmadjon Madmarov pay for medical treatment for his son
Hamidullo, who was recently released from prison (ref C).
Poloff passed along the USD 900 wire deposit data, which
Akhmadjon Madmarov greatly appreciated.

Comment:
--------------


7. (C) We agree with Akhmadjon Madmarov's claims that the
Uzbek authorities were looking for ways to keep his son
Habibullah and other inmates accused of membership in
extremist religious organizations behind bars. The court
documents he obtained from the attorney add to his
credibility, and it seems inconsistent to tack on 3.5 years
for petty internal violations without any mention of the more
serious accusations of group conspiracy Habibullah was
subsequently charged with. The Government of Uzbekistan is
casting its net too broadly in its quest to reign in
religious extremists with little regard for the disastrous
impact that dubious trial proceedings may have on its
criminal justice system or human rights reputation.

BUTCHER