972. On 19 January 2004, the Special Rapporteur, jointly with the Special Representative of the Secretary-General on the situation of human rights defenders, sent an urgent appeal concerning Ruslan Sharipov, a 25-year old journalist and human rights defender whose case was already subject of other communications sent on 5 June 2003 (E/CN.4/2004/62/Add.1) by the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur on the question of torture, the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the Special Representative on human rights defenders and, on 13 August and 1 October 2003 (E/CN.4/2004/62/Add.1), by the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur on the question of torture and the Special Representative on human rights defenders.
According to information received, Ruslan Sharipov was allegedly excluded from a general amnesty announced in December 2003 by the President, reportedly on the ground that the crime he committed was “too serious”. According to previous information, Ruslan Sharipov was arrested on 29 May 2003 and convicted on 13 August by the Tashkent City Court on charges of homosexual conduct, sex with a minor and involving minors in “antisocial behavior” (arts. 120, 128 and 127 of the Criminal Code). He was reportedly first sentenced to five and a half years in prison, a duration which was subsequently reduced to four years following his appeal in September, despite reports indicating that forensic medial tests conducted after his arrest found no evidence of sexual relations with minors and despite reported evidence that his confessions were obtained under duress. Reports also indicated that Mr. Sharipov might have been framed in connection to his human rights activities, including his reporting on police corruption and human rights abuses in the country. Fear was expressed that his exclusion from the presidential general amnesty might have been aimed at further targeting him for his activities in the defense of human rights. It was reported that calls had been made for the presidential general amnesty to extend to his conviction.
981. On 14 April 2004, the Special Rapporteur, jointly with the Special Representative of the Secretary-General on the situation of human rights defenders, sent an urgent appeal concerning Ruslan Sharipov, a journalist and human rights activist, whose case was already the subject of urgent appeals sent by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the question of torture, the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on human rights defenders on 5 June 2003 (E/CN.4/2004/62/Add.1); by the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur on the question of torture and the Special Representative of the Secretary-General on human rights defenders on 13 August and 1 October 2003 (E/CN.4/2004/62/Add.1); and by the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on human rights defenders on 19 January 2004. Ruslan Sharipov was reportedly found guilty on 13 August 2003 under articles 120 (homosexuality) and 128 (sexual relations with a minor) of the Criminal Code, despite the lack of forensic medical evidence, and sentenced on appeal to four years in prison. He was reportedly subjected to torture and threats while in detention. It was widely believed that his prosecution was linked to his work as an investigative journalist and a human rights defender, in particular reporting on corruption and human rights abuses. According to information received, Mr. Sharipov, who was reportedly eligible for early release on 11 June 2004, had reportedly been placed since 13 March 2004 under house arrest and was required to report every day to a low- security prison for work. It was reported that such a transfer was automatic once a detainee has completed one quarter of a sentence. In this context, it was alleged that he had been barred from resuming his human rights and journalism activities, under threat of losing the possibility of early release. In particular, it was reported that Mr. Sharipov would not be allowed to travel to Istanbul in late May 2004 to receive an award on the occasion of the world Newspaper Congress and World Editors’ Forum.{{112}}
[[112]] Please note that this case is also mentioned in the report of the Special Representative of the Secretary-General on the situation of human rights defenders, E/CN.4/2005/101/Add.1, March 16, 2005, paras. 586 and 590. Further details on this case can be found in the report of the Special Representative of the Secretary-General on the situation of human rights defenders, E/CN.4/2004/94/Add.3, March 23, 2004, paras. 481 and 487, in the report of the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment, E/CN.4/2004/56/Add.1, March 23, 2004, paras. 1878 and 1899, and in the report of the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment, E/CN.4/2005/62/Add.1, March 26, 2004, paras. 811 and 819. [[112]]
Link to full text of the report: Summary of cases-SR Freedom of Opinion-2005-eng