UGF

We were born to make Kafka come true – the case of Umida Niyazova

Rereading accusation.

 

In the cold winter of 2007 I arrived at Tashkent airport from Bishkek, where I had participated in a journalism training organized by the OSCE Academy. I filled out the requested declaration stating that I had no valuables with me. At the exit, the guards stopped me, because I had not noted my computer in the declaration. My computer was confiscated for an examination.

 

The result of the investigation, was that “the information contained on the computer, seized from the citizen Umida Niyazova Kurbonovna, poses a threat to the state and aims to undermine the socio-economic system, the constitutional government, has a negative psychological impact on the citizens’ minds and can potentially lead to undermining the constitutional system, violation of territorial integrity and war propaganda. In addition, the information on the hard disk of the HP laptop and a removable memory disk (flash disk), seized from Niyazova U.K. contain materials promoting religious extremism and fundamentalism”.

 

In Soviet society, there was a phrase “We were born to make Kafka come true”

 

Here are extracts from the Letter of Indictment against me:

 

 

 

Extracts from the Letter of Indictment against Umida Niyazova.

 

 

«Approved by»

 

Deputy Transport Prosecutor of the Republic of Uzbekistan,

 

State Counselor of Justice 3-class

 

Signature U.Z.Inamdzhanov

 

“12” April 2007

LETTER OF INDICTMENT

 

Criminal case No: 40553

 

On charges against Niyazova Umida Kurbonovna under Articles 246 Part 1, 244-1 Part 3 point «c», 223 Part 1 of the Criminal Code of the Republic of Uzbekistan.

 

This criminal case was opened on January 6, 2007 by the department of inquiry and customs enforcement STK (Special Customs Committee) “Tashkent-Aero” against Niyazova U.K. on the grounds of a crime under Art. 246 Part 1 of the Criminal Code of the Republic of Uzbekistan.

 

The ground and basis for opening this criminal case are the collected by the STK “Tashkent-Aero” materials against Niyazova U.K.

 

On January 12, 2007 I took the present criminal case for further proceeding and investigation. …

 

Statements of witnesses for prosecution:

 

Questioned as a witness Zaripov Adilbek Karimberganovich showed that he works as the head of the Centre for Monitoring Mass Communications of the Uzbek Agency for Communications and Information since December 2004. His responsibilities include organization of work of the Centre, general management of all divisions of the Center for Monitoring, including the regional ones. The Centre operates under the provision approved by the Cabinet of Ministers of the Republic of Uzbekistan No. 555 dated 24.11.2004. The main activity of the Center includes organization of the regular monitoring of information circulated on television and radio broadcasts, in books and printed materials, including periodicals, as well as on the Internet, in order to identify violations of the country’s legislation on mass communications. The main tasks include identification of destructive information aimed at undermining the constitutional foundations of the state, identification of possible facts of adverse-psychological impact on public consciousness, as well as materials aimed at infringement of the constitutional order, violation of territorial integrity, propaganda of war, terrorism, violence, religious extremism, fundamentalism and racism, pornography. In order to prevent spreading of these materials, the Centre for Monitoring sends its findings to the ministries and departments concerned.

 

On December 23, 2006 the Center for Monitoring Mass Communications (CMMC) received a request from the investigator M. Makhkamov for examination of the materials contained on the hard disk of the “HP” laptop and a removable memory disk (flash-disk), seized by the STK “Tashkent-Aero” from the citizen of Uzbekistan Umida Niyazova Kurbonovna.

 

The CMMC experts Mukhamedov Rustam Shuhratovich, Kholikov Elbek Mustafaevich and Negrienko Alexander Yakovlivich examined the materials submitted for examination. As a result, it was found that the information contained on the hard disk of the HP laptop and on the removable memory disk (flash disk), seized from the citizen Umida Niyazova Kurbonovna, poses a threat to the state and aims to undermine the socio-economic system, the constitutional government, has a negative psychological impact on the citizens’ minds and can potentially lead to undermining the constitutional system, violation of territorial integrity and war propaganda. In addition, the information on the hard disk of the HP laptop and a removable memory disk (flash disk), seized from Niyazova U.K. contain materials promoting religious extremism and fundamentalism.

 

Materials promoting religious extremism and fundamentalism were contained in the files, titled “Andijan” and dedicated to the May 13, 2005 events. These materials contain information aimed at justifying the actions of the instigators of the Andijan events and approving of and consenting to the activities of “Akramiya”.

 

The computer hard disk and flash disk, submitted for examination, contain materials indicating participation of their owner in the organization of various kinds of so-called “human rights projects,” which, according to available data, were funded by various foreign sponsors, including those involving foreign government organizations. For instance, there is information on the allocation of funds-grants from the Democracy Commission of the U.S. Embassy in Uzbekistan. Indicated actions on funding the non-governmental organizations on the territory of Uzbekistan by various foreign non-governmental organizations can destabilize the socio-political situation in Uzbekistan, which could be observed in the neighboring countries of Uzbekistan. The goals and objectives of these projects and grants under the guise of protection of human rights, financed by Western non-governmental institutions are aimed at unconstitutional change of the existing state system, they oppose sovereignty, integrity and security of the country, national, racial and religious hatred, impinge on health and morality of the people and can have a negative psychological impact on the minds and citizens, especially the youth.

 

The files titled “Panzhara ortidagi kelazhak”, which contain photos of 10 leaders of various nations, “called the worst dictators in the world”, a file titled “Princess of Uzbekistan or passions for Gulnara”‘contain information affecting the identity of the President of the Republic of Uzbekistan, which in a biased form characterizes the activity of I. Karimov in his position of the President of the Republic of Uzbekistan.

 

The guilt of Niyazova U.K. was fully proved by:

 

–       Protocol on violation of customs law No: TA 002 613 of December 21, 2006.

 

–       Inspection Protocol of December 21, 2006.

 

–       Protocol on administrative detention and personal search No: 626 of December 21, 2006.

 

–       Expert statement by the Center for Monitoring Mass Communications of the Uzbek Agency for Communication and Information No: 06-13/15 of January 5, 2007.

 

–       Inspection Protocol and a resolution on recognition of physical evidence and attachment to the criminal case.

 

–       Protocol on violation of the State Border No: 17 of January 22, 2007.

 

–       Inspection Protocol of the scene of January 22, 2007.

 

–       Protocol on verification of testimony at the scene and a photo-table.

 

–       As well as other materials of the criminal case.

 

Based on the aforementioned:

 

Niyazova Umida Kurbonovna, born on 27.09.1974, native of the Republic of Kyrgyzstan, ethnic Uzbek, not married, has one minor child, a citizen of the Republic of Uzbekistan, not conscript, without previous convictions, worked as an interpreter in the international human rights organization “HUMAN RIGHTS WATCH” and residing in Tashkent city, Yakkasaray region, Babur street 67, building 9, flat 13, is restraint to custody.

 

Accused: of having embarked on a criminal path, when working as an interpreter in the Tashkent office of the international human rights organization “Human Rights Watch”, for the purpose of committing smuggling, i.e. crossing the customs border of the Republic of Uzbekistan, concealing from customs control the materials promoting religious extremism and fundamentalism, spreading information and materials containing ideas of religious extremism and fundamentalism in any form, spreading of libelous destabilizing fabrications, and committing other acts against the established rules of conduct in society and public safety, with the help of financial or material assistance received from foreign governments and organizations, illegal travel abroad and entry into the Republic of Uzbekistan in violation of the established order.

 

On December 21, 2006 at approximately 10 a.m., Niyazova U.K. arrived by flight No: 782 “Bishkek-Tashkent” in the hall of the customs control in the international airport “Tashkent”. During the customs clearance of the baggage and hand luggage of Niyazova U.K. by the employees of the post number 1 STK “Tashkent-Aero”, one computer “HP Laptop” and a flash disk with inscription «TWIN-MOS» on the top and «Mobil Disk 24″ on the reverse side, which she hid from customs control and did not indicate in the customs declaration T-6, were found and confiscated. The data contained in the computer “HP Laptop” and on flash disk were subject to inspection and examination.

 

According to the statement by the Centre for Monitoring Mass Communications of the Uzbek Agency for Communication and Information, the analysis of materials, “on the notebook’s hard disk and the removable memory disk, aimed at endangering the constitutional order, undermining the state foundations, violation of territorial integrity, propaganda of religious extremism, fundamentalism and social security. In addition, the goals and objectives of the projects and grants, contained in the electronic media, under the guise of protection of human rights aim at unconstitutional change of the existing state system, oppose sovereignty, integrity and security of the country, promoting social, national, racial and religious hatred, and impinge on health and morality of people…”

 

Thus, Niyazova Umida Kurbonovna by her deliberate actions, expressed in smuggling, i.e. crossing the customs border of the Republic of Uzbekistan and concealing from customs control the materials promoting religious extremism, fundamentalism, committed a crime under Art. 246 Part 1 of the Criminal Code of the Republic of Uzbekistan.

 

In addition, the confiscated media contain materials indicating foreign money transfers to Niyazova U.K. under the guise of grants to various, so-called “human rights” organizations for their activities.

 

Thus, for her activities under the guise of grants and projects such as the project of the Initiative group of human rights defenders on “monitoring of violations of human rights to ​​freedom of movement in Uzbekistan”, the project of the non-government nonprofit human rights organization Mazlum OZNP on “monitoring violations of human rights to freedom of movement, entry to and exit from Uzbekistan”, the project “Hotline” or “Emergency legal assistance, project “Urgent legal assistance to human rights defenders”, individual grant of the Democracy Commission of the U.S. Embassy in Uzbekistan on” Decriminalization of libel and slander – a pledge of freedom of speech”, and under the guise of helping the so-called “human rights defenders”, supposedly through payments to independent journalists and attorneys, within the period of 2004-2006 Niyazova U.K. received 1 229,84 U.S. dollars from Britain, 5328 U.S. dollars from Russia, 2000 U.S. dollars from Turkey, 170 U.S. dollars from Kazakhstan and 2911 U.S. dollars from Kyrgyzstan, in total received 10,409 U.S. dollars.

 

These projects are aimed at funding and uniting various so-called “human rights” organizations and associations, illegally operating on the territory of the republic.

 

Goals and objectives of the above mentioned projects and grants under the guise of protection of human rights, financed by Western non-governmental institutions, aimed at unconstitutional change of the existing state system, oppose sovereignty, integrity and security of the country, social, national, racial and religious hatred, infringing on health and morality of people.

 

Thus, Niyazova Umida Kurbonovna by her intentional actions spreading information and materials containing ideas ofreligious extremism and fundamentalism, spreading slanderous and destabilizing fabrications, and committing other acts against the established rules of behavior in society and public safety, with the use of financial or other aid received from foreign states, committed a crime under Art. 244-1 Part 3, “c” of the Criminal Code of the Republic of Uzbekistan.

 

In continuation of her criminal activities, on January 8, 2007 with the purpose of illegal travel abroad Niyazova U.K. left Tashkent city for Andijan region, and in violation of the established procedure illegally crossed the border of the Republic of Uzbekistan without documents proving her identity, passing by the border post “Khanabad” and left for the city of Osh in the Republic of Kyrgyzstan Republic.

 

On January 22, 2007, once again with the purpose of illegal entry to Uzbekistan in violation of the established procedure, without documents proving her identity, passing by the border post “Khanabad” of Andijan region, Niyazova U.K. illegally crossed the border between the Republic of Kyrgyzstan and the Republic of Uzbekistan, where she was detained by the officers of the border post “Khanabad.”

 

Thereby, by her intentional actions expressed in illegally leaving the country and entering the Republic of Uzbekistan in violation of established order, Niyazova U.K committed a crime under Art. 223 Part 1 of the Criminal Code of the Republic of Uzbekistan.

 

Thus, Niyazova Umida Kurbanovna by her intentional actions committed a crime under Articles 246 Part 1, 244-1 Part 3 “c”, 223 Part 1 of the Criminal Code of the Republic of Uzbekistan.

 

The letter of indictment was written on April 10, 2007. In accordance with the Art. 381 and 388 of the Criminal Procedure Code of the Republic of Uzbekistan, the criminal case was submitted to the Transport Prosecutor of the Republic of Uzbekistan for confirmation of the indictment and submission to the court.

 

Head of investigation of crimes of the Transport Prosecutor’s office

 

Republic of Uzbekistan, Counselor of Justice

 

Signature Artikov U.D.”