Mass Media carefully monitors the trial over Hamza Ikromzoda's death

Press review for May 2013

One of the main events in May 2013 in the context of the fight against torture was the trial on the very well-known cases of Hamza Ikromzoda’s death prisoner who according to his family died last September in a penal colony #1 as a result of severe torture and beatings.

All independent Mass Media’s attention was focused on this trial, despite the fact that the process was closed and held on the territory of the pretrial detention facility # 1. Journalists, mainly received information from the injured party, their counsel, and occasionally from the judge.

On May 6, 2013, the news agency TojNews reported that the trial was postponed until May 15 due to the absence of the lawyer of the injured party who was out of the country.

On May 8, 2013, the weekly “Nigoh” interviewed the brother of the deceased prisoner Amirali Ikromzoda which was published under the titled “As long as I live I will fight for justice”. He noted that in the sake of justice and truth, he made every effort and intends to go to the end. “Person, faced with a similar case, begins to realize that all these material things are of no value when there is no justice and truth. There were 14 terrible wounds on my brother’s body. We demand for justice, that the perpetrators should be punished. And I will fight for the memory of my brother, for the sake of those who still continue to suffer torture in custody, for the sake of those who died from torture”- said Amirali Ikromzoda.

The trial started on May 15 and  began immediately from protest of Ikromzoda’ relatives, who did not agree with the fact that the process takes place behind closed doors, in private institutions, and is not open to the media and the public. As reported on May 15 by BBC, in this connection Ikromzoda’s relatives refused to be present in the courtroom jail.

On May 16, the weekly “ImruzNews” published an article “Prisoner’s death: awaiting the witnesses”, which reports that the family of Ikromzoda and their lawyer requested the court to invite to the trial the key witnesses - inmates which were transferred after Ikromzoda’s death to Khujand colony. Later, the media reported that the petition was rejected by the court.

However, the testimonies were given by other inmates of Dushanbe colony, who spoke in court as witnesses. On May 22, the agency “Ozodagon” prepared a note that inmates confirmed the fact of beatings of Hamza Ikromzoda. With reference to Amirali Ikromzoda, the agency says, “Rafael Maqsudov, a prisoner from Dushanbe colony confirmed that he saw by his own eyes the specific prison officials beating Hamza. Sherali, another prisoner, said that Hamza was beaten by the Head of the colony Rustam Toshtemirov. Jamshed, who is the principal witness Hamza's death, during the trial, confirmed that Ikromzoda was taken away from the cell at the night and was beaten”.

On May 29, the agency “Asia-Plus” reported that Somoni district court condemned to 5.5 years the penitentiary officer of the Dushanbe colony # 1 Mahmoud Ismoilov, who was found guilty for the death Hamza Ikromzoda. The convict will serve his term in the colony. The lawyer Gulchekhra Holmatova refrain from assessing the objectivity of the sentence, just noting that “all the evidences that has been presented to the court, have been investigated and they are given proper legal assessment”.

However, relatives of H. Ikromzoda strongly disagree with the wording, voiced at sentence that, in spite of the fact that Ismailov closed Hamza in a punishment cell without paperwork and was involved in his beating, the prisoner's death still came as a result of self-hanging.

Mahmoud Ismailov found guilty of abuse of power (article 316 part 3 of the Criminal Code). Preliminary investigation is continuing in respect of its colleagues - Rustam Toshtemirov, Sherafgan Safarov and Narzullo Avgonov.

The Mass Media carefully monitor other cases connected with torture. On May 8 Radio Ozodi raised the question, when will the Interior Ministry of Interior pay compensation for the loss of the family breadwinner for Sangovs?  "The press service of the law enforcement agency reports that the ministry sent a month earlier to Sino district Department of Interior, where the incident was occurred a request to pay the compensation, and waiting for their answer”, - writes Ozodi.

Looking ahead, we wanted to note that on May 30 the agency “Asia-Plus” reported that the panel of judges in civil cases of Dushanbe court upheld the district court's decision on compensation Sino widow resident of Dushanbe Safarali Sangov, which, according to his family, died in result of beatings and torture at the police station. The defendant stands the Tajik Interior Ministry, which pay compensation in the amount of 46.5 thousand Somoni ($ 1 = 4.75 TJS).

"A claim for compensation for moral and material damages in the amount of 150 thousand Somoni was filed by the widow of Sangov. The Court, having considered all the relevant evidences, ordered the law enforcement agency to recover from 46.5 thousand Somoni. However, the Ministry of Internal Affairs of Tajikistan appealed the court's decision, not wanting to pay compensation”,- said the “AP” .

In the light of this court case and other cases related to torture, on May 23, the Head of the Main Directorate for Execution of Punishments under the Ministry of RT Izatullo Sharipov during the interview with Radio Ozodi,unconditionally denied the existence of torture in prisons. Thus, Sharipov provided his feedback on the annual report on torture, published by the international human rights organization “Amnesty International”, calling it “a lie and untruth”.

"The fact that the alleged prison officials knowingly and intentionally engaged in torture of prisoners, it is a mistake and a lie," he said. "Do not they have parents and children? Are they not afraid of God, and can afford to do such things? "he wonders.

General Sharipov said that no matter who the criminals are, whatever they have committed “for the prison officials, they, first of all, human beings . And no one treats them badly and no one tortures them” he said. At the same time, Izzatullo Sharipov said that in the case of violating the regulations and committing other offenses, the convicts become subject to measures under the law, “but nobody beats and tortures them” - he stressed.

Izzatulla Sharipov said Amnesty Internationa’s opinion that in Tajikistan, "there is a general atmosphere of impunity” is untrue: “Control over the prisons is carried by the prosecutor and in regard of the prison staff who have committed a crime, prosecutors shall take appropriate measures”, he said. In addition, he said, the prisons are also monitored by the curators of the National Security Committee and the Agency Against Corruption, which are also responsible for the work of prison’s staff.

Sharipov also noted that he did not agree with the prosecution that the doors of the prisons in Tajikistan are closed to independent observers. According to him, just yesterday, Ivan Simonovic, UN Assistant Secretary General for Human Rights visited a prison in Dushanbe. “He voluntarily visited the prison and met with the prisoners, got acquainted with the conditions of their life, the state of the canteen, a library and a mosque”. According to the Sharipov , the conditions in Tajik prisons comparing to the times of the USSR radically changed. “Relatives can visit prisoners, bringing them food and clothes and do not feel any disadvantages”, he said.

A new report from an international human rights organization Amnesty International mentions that torture and abuse in Tajik prisons is a widespread problem. Amnesty International report, published on May 23, examines the situation with human rights in 159 countries around the world. In each country, the report draws attention to the specific and significant problems in this area. In an article on the situation in Tajikistan, mainly analyzes the situation with the prisoners in Tajik prisons.

Experts of the organizations believe that the perpetrators of these crimes remain unpunished, and independent observers do not have access to closed institutions of that country. Despite some relief, according to AI, freedom of expression is still in danger.

The issue of torture has been raised on May 22 during the visit of the Assistant Secretary-General for Human Rights Ivan Simonovic to Tajikistan. “I discussed at length the problem of torture and was grateful for having been granted, at short notice, a visit to a prison on the outskirts of Dushanbe. I highlighted the importance of allowing access for the ICRC to all places of detention places and of ratifying the Optional Protocol to the Convention against Torture to provide for independent monitoring of all places of deprivation of liberty”,- wrote on May 29 agency "Asia-Plus ", citing Simonovits.