The trial of Karakalpakstan protesters shows that the Uzbek authorities wanted to create the appearance of justice. Human rights activists argue that the trials were aimed more at creating the image of a democratic country than at actual justice. But no more acquittals are expected.
On 6 February, in Bukhara, a new trial began against 39 participants in the Karakalpakstan protests of 1 and 2 July 2022. Shortly before, on 31 January, the first trial was concluded by conviction of 22 participants of the events in Nukus.
According to a number of mass media outlets, criminal cases were filed against 171 participants of the protests in Karakalpakstan.
Political analysts and observers believe that the rather harsh verdicts for the first defendants indicate that softer sentences for the second group are unlikely.
During the first trial the authorities made a gesture of good will and released four of the defendants, including one woman. They all publicly apologized, and gave interviews after release, urging not to “repeat their mistakes”. This was apparently a condition of their release.
On January 31 of this year, the trial court sentenced 22 participants of the protests in Karakalpakstan.
The biggest sentence, 16 years in prison, was given to journalist Dauletmurat Tazhimuratov, whom the investigation considered to be the main organizer of the protests. The court sentenced the other defendants to three to eight and a half years in prison.
Four of them, including journalist Lolagul Kallikhanova, founder of the Makan.uz website, received suspended sentences or jail sentences. They were released from custody in the courtroom, as the court cancelled the measure of restraint for them in the form of detention.
While noting some leniency and transparency in the conduct of the trial, human rights activists and experts emphasize that they did not see any particular justice in the sentencing. Most likely it was an attempt to save face and create the appearance of democracy, most independent experts say. At the same time, the authorities send clear signals that all attempts to influence the decision through street protests will be severely punished.
Alisher Ilhamov, political analyst and director of the UK-based Central Asia Due Diligence Center, writes in his article for the human rights organization “Memorial” that he did not see much progress toward an impartial and fair review of the Karakalpak case.
This is especially noticeable in relation to the lawyer Dauletmurat Tazhimuratov, who received 16 years out of the 18 years requested by the prosecution, two years of which he will serve in prison, and the remaining 14 years in a strict regime colony.
«When we look more closely at the results of the trial, we see that there has never been much progress towards an impartial and fair hearing of the Karakalpak case. […] Given the well-established practice in Uzbekistan of extending the sentences of political prisoners as the initial term ends, the reduction of two years’ imprisonment is of no significance”, he writes.
Journalist Darina Solod, co-owner and editor-in-chief of the independent Uzbek publication Hook.report, expressed her disappointment with the outcome of the first trial against protesters in Nukus in a post on her Facebook page, stressing that it is too early to trust Uzbekistan’s judicial system.
«Obviously, we are still not dealing with an adequate trial and none of us can trust the judicial system of Uzbekistan,” she wrote.
Darina Solod doubts the fairness of the process also because none of the representatives of the security forces who participated in the suppression of the rallies have appeared in court.
«Correct me, but where are the trials of the military and officials who also took part in the protests, suppressed them, used weapons and force?», – Solod writes.
Meanwhile, the Uzbek Prosecutor General’s Office has opened a separate investigation into the use of weapons against protesters in Nukus. On February 9, the press service of the General Prosecutor’s Office of Uzbekistan reported that three security officers were detained in criminal cases of misconduct during the summer protests in Karakalpakstan.
«If it turns out that law enforcement officers exceeded their authority and unjustifiably used force and special means, their actions will be considered in open court in the manner prescribed by the Code of Criminal Procedure,” assured the General Prosecutor’s Office.
Nevertheless, the 39 new defendants whose trials began in Bukhara do not include representatives of law enforcement agencies who shot people.
A full list of the defendants and the crimes they are charged with is published on the Supreme Court website.
Most are accused of violence, arson, vandalism, participating in riots and resisting authorities. Seven of them are charged with grievous bodily harm; four are charged with illegal possession of firearms, explosives or explosive devices; one is accused of robbery; seven others, including two journalists, are accused of producing or distributing materials that threaten public order.
Political analyst Temur Umarov, believes that we should no longer expect lenient sentences for subsequent defendants. In an interview with CABAR.asia, he noted that the most public figures to whom all the attention of society, the media and the international community was riveted were in the first group of defendants. It is they who are associated with the protests in Karakalpakstan.
«The two defendants – Tazhimuratov and Kallikhanova – were probably the two main people who, according to the state, organized all this and are behind it all. […] It was there that the state sent the main signals. We saw that people like, for example, Lolagul Kalykhanova were ready to admit their guilt, many times they repented publicly. Even after the acquittal, it’s not exactly an acquittal, because she will still be under close supervision of the authorities for three years. But the very fact that she was released and pleaded guilty and that she had to undergo harsh punishment is a demonstration that the Uzbek state is not only so tough, repressive and brutal with regard to anyone who encroaches on the constitutional order, but is also so understanding and so paternalistic towards people who understand their mistake, and it gives second chances to such people», he said.
Now, with the second wave of defendants, the state will be sending a clear signal to all those who are critical that one should not protest, Umarov said.
«I think the sentences here will be harsher, because these are the people who directly participated in the rallies and even, according to the version of the authorities, took part in the mass unrest. […] Here the leadership of Uzbekistan will send a clear signal to all the people who are critical, that you can’t protest. That you can’t use these methods to get their rights respected. You have to act through the mechanisms provided by the state. That is, you have to go to the khokimiyats, regional administrations or write to the presidential portal. Anything beyond that is not welcome», he said.
According to the political scientist, the Uzbek judicial system has changed the least since Shavkat Mirziyoyev came to power. It remains dependent on the executive branch and the president.
«We still don’t see liberalization in this very sphere. The rate of acquittals is still extremely low, about 1%, which is almost zero. Especially when it comes to such high-profile cases, which are monitored quite closely inside Uzbekistan. It’s going to be a pretty tough demonstration that you shouldn’t try to influence decision making through the street. This will be punished severely», Temur Umarov said.
«We still do not see liberalization in this particular area. The rate of acquittals is still extremely low, about 1%, which is almost zero. Especially when it comes to such high-profile cases, which are monitored quite closely inside Uzbekistan. It’s going to be a pretty tough demonstration that you shouldn’t try to influence decision making through the street. This will be punished severely», Temur Umarov said.
Another human rights activist (on the right of anonymity) agrees with him, and is confident that the authorities will only crack down and punish those who dare to protest by taking to the streets, but not those who gave the order to use weapons against protesters.
«It is obvious that despite the fact that there was leniency in the form of broadcasts from the courtroom and suspended sentences for some defendants, those who dared to go to rallies and protest against the decision of the authorities will be punished. The relaxations were needed only to earn image points before the world community and to show that Uzbekistan is not an authoritarian government. But in fact, we see that in Uzbekistan they detain bloggers, critics of the authorities. They conduct “preventive conversations” with journalists. Even on social networks, there are fewer and fewer critical posts from those we thought were civic activists. All of today’s events show that they are tightening the screws on the country, and quite sensitively at that», said a female human rights activist.