The Attorney General
General Prosecutor’s Office of the Republic of Uzbekistan
Mr. Ikhtiyor Abdullayev
16, rue Marcel Pajotin, Angers, 49000, France
Respected Attorney General!
I am Talib Yakubov, who lives in France congratulate you on your appointment to a high state position and I would like to appeal to you regarding an important issue. This issue is related to my son-in-law (husband of my daughter Ozoda Yakubova), Azam Turgunovich Farmonov who detained on 29.04.2006 under Article 165 of the Criminal Code of the Republic of Uzbekistan (Extortion) and charged by a criminal court of Yangiyer city Sirdarya region on 15.06.2006 for 9 (nine) years of imprisonment. Azam Farmonov from the July 2006 up to now is in the prison-penal institution located in the village Jaslyk UY 64/71, Kungrat district, Republic of Karakalpakstan. On May 1 of this year, Kungrat district criminal court considered guilty for Azam Farmonov under Article 221 of the Criminal Code of the Republic of Uzbekistan and extended his tenure for 5 (five) years, 26 (twenty-six) days and at the same time changed the detention regime from general to strict regime prison.
I have participated as defense counsel of Azam Farmonov (and Alisher Karamatov the second figurant of the criminal case) in the criminal case №1-110/2006 in court proceedings according to the Article 49 of the Criminal Procedure Code (Defense Counsel) and in accordance with decision of Yangiyer city criminal court issued on 07.06.2006 and approved by the chairman of the above-mentioned court Erkin Khidirbaev. Although E. Khidirbaev on 15.06.2006 completely illegally against the court rules by his another decision discharged me from defense counsel but I still consider that I did not lose my status and it is not difficult to prove it (attachment to this application- my written letter under control order addressed to the Chairman of the Supreme Court of the Republic of Uzbekistan to Boritosh Mustafayev].
Mentioning complaint letter to the Boritosh Mustafayev at the first time have sent by me or by the official defense counsel in 2013 but I did not get an answer yet to my letter. After that, the same appeal has sent to the Supreme Court by the name of my daughter Ozoda Yakubova. This time, my daughter have got answer on 24 February 2014 under the number №13-1169-14 from the K. Mamarakhimov- the head of the division of complaints and visitor reception of the Supreme Court, and he replied that «you did not participate in your husband’s criminal case as legal defense counsel and therefore your appeals could not be considered”. After this, the same letter has sent by the employee of the «Ezgulik» human rights organization Abduarhmon Tashanov. However, Boritosh Mustafayev strictly stood in his wrong position and did not reply. Finally, this complaint letter has written by the convicted Azam Farmonov and have sent via post office to the Chief of penal colony UY 64/71 Jaslyk to B.Kenjaev with requesting to make sign this letter by convicted, approve of sign of convicted by his sign and by the seal of colony and send that letter via post office or by courier. (mail receipt and the notice is in our hands). Although the letter was sent on 12 February 2014 to the B.Kenjaev but still we did not receive a reply. It might be hard but we can understand that B.Kenjaev did not reply to our complaint letter but it is unclear that the Chairman of the Supreme Court ignored our letters. It seems in our country does not exist the law on citizens’ appeals.
Dear Attorney General! Four people (including me) in our complaint letters which were addressed to the Chairman of the Supreme Court proved that Azam Farmonov (A.Karamatov) was completely innocent and for that, it will be enough three documents – materials of a criminal case:
1) The decision made by K. A. Mallaev – counselor of Justice, senior investigator on special cases of the division of investigation of Jizzakh regional prosecutor department on 29 April 2006 concerning of criminal proceedings, on the criminal case and conduct of interrogators work;
2) The decision made by Colonel B.Kadirov – the senior investigator of the Investigation division of the Sirdarya region department of internal affairs concerning of attraction as a defendant in a criminal case;
3) The verdict of the Yangiyer city criminal court on 15, June 2006.
There is not necessary anything else to require from outside. I would not like to repeat the proof, as I mentioned above the prove in details described to my complaint letter which addressed to Mr. B.Mustafayev. Just I will limit my arguments with explaining below statements:
(1) Operative event for the detention of Azam Farmonov and Alisher Karamatov was not carried out by the Jizzakh regional prosecutor’s office and police officers on April 29, 2006, in the morning at around 7-30, in the area in front of the hospital, in the bus stop which is located in the Tashkent street in the route of Guliston-Tashkent of a large Uzbek highway;
(2) It was not the fact of receiving money from “victim” Uktam Mamatkulov by “blackmailers” Azam Farmonov and Alisher Karamatov on April 29, 2006, in the morning at around 7-30, in the area in front of the hospital, in the bus stop which is located in the Tashkent street in the route of Guliston-Tashkent of a large Uzbek highway;
(3) The operation for the detention of Azam Farmonov and Alisher Karamatov conducted at different points of the city by the Gulistan city police officers on April 29, 2006, in the morning at around 7-00 and 7-30;
(4) Only after detention of Azam Farmonov and Alisher Karamatov, they have started preparing documents for opening the criminal case: (1) on the issuance of money by Uktam Mamatkulov to Azam Farmonov and Alisher Karamatov; (2) Has started activities on a fictional version of detention of Azam Farmonov and Alisher Karamatov.
According to the Article 524 of Criminal Procedure Code of the Republic of Uzbekistan “Initiation of Proceedings in View of Newly Discovered Circumstances”, it says that appeals … might be caused by the proceedings due to newly discovered circumstances. In this article, mentioned that “the prosecutor shall initiate a criminal case, which shall thereafter be considered under general procedure”. Therefore,
(I) Even though if due to the fault of Ozoda Yakubova, Abdurahman Tashanov, Chief of the colony UY 64/71 B.Kenjaev and me did not reach complaint letter to the Supreme Court but if complaint letter of Azam Farmonov have read by the Chairman of the Supreme Court Mr. B.Mustafayev or by the other judge of Supreme Court regarding the criminal case №1-110 / 2006 then it means the fact of opening a new criminal case. It is not difficult to detect the presence of the fact. From above rise the logical questions: Why is the person who occupies one of the most prestigious positions (the position of Chairman of the Supreme Court) did not try to notice this? Whether he did not notice by his own initiative, i.e. purposely or he really did not notice or due to the political order? If we consider the fact that all of the staff at the Supreme Court are high-level lawyers, then only one answer to the previous question that it is the political order!
(II) By hoping that there are no any staff in your Governing Prosecutor General of the Republic of Uzbekistan who works on the basis of the political order, I would like to request to you as Attorney General consider the case №1-110/2006 with newly discovered circumstances and view a new criminal case and entrust the case to the trusted colleagues.
Respected Attorney General, according to the Article 524 of the Criminal Procedure Code of the Republic of Uzbekistan I would like to request you to conduct the case as the newly discovered circumstances concerning the criminal case №1-110/2006 opened on 29 April 2006 by the K. A. Mallaev – counselor of Justice, senior investigator on special cases of the division of investigation of Jizzakh regional prosecutor department.
With respect and regards,
Defense Counsel in the criminal case №1-110/2006
1. The decision made by K. A. Mallaev – counselor of Justice, senior investigator on special cases of the division of investigation of Jizzakh regional prosecutor department;
2. The decision made by Colonel B.Kadirov – the senior investigator of the Investigation division of the Sirdarya region department of internal affairs concerning of attraction as a defendant in a criminal case;
3. Decision of the Yangiyer city criminal court issued at 07.06.2006;
4. Decision of the Yangiyer city criminal court issued at 15.06.2006;
5. Judgment of the Yangiyer city criminal court issued at 15.06.2006;
6. The complaint letter has written by Talib Yakubov to the Chairman of The Supreme Court of the Republic of Uzbekistan.
At the beginning of September 2015, when I have received an answer to my letter from the General Prosecutor’s Office I could not believe my eyes. I said Oh Allah! Oh, holy man Baha Uddin! Is that really positive change going on in Uzbekistan? Let to be good for the gin! I have received a letter with number №12/23-15-445; sent on August 13, 2015 and signed by the head of the department of the prosecutor’s authority in the courts in criminal cases a letter signed U.U. Muhammadiev. At the section of sending application, there are two particular sentences and it forwarded to Sirdarya region prosecutor, legal adviser to Ya. M. Ochilov:
“The claim letters of Talib Yakubov and others related to Azam Farmonov and concerning to opening the new criminal case as the newly discovered circumstances is sending for the consideration. It is required to inform the results to the authors of claim letter.
If suppose that letter reached to the Sirdarya region prosecutor’s office for three (3) days than it has past exactly one (1) year. However, until today no answer! By impressing from the first “victory” I have written a complaint letter to the Attorney General to I. Abdullayev (May 1, 2015), regarding the new criminal case against my son–in-law Azam Farmonov №156673 (12 November 2015). Below, I will bring the text of the complaint (written in Russian).