Open Letter to the UNHRC, HRW, and IFHR regarding the Raqibov Family

Subject: Open Letter to the UNHRC, HRW, and IFHR regarding the Raqibov Family
From: The Support Group for the Defense of the Raqibov Family
Date: 20 Jul 2015

Dear Human Rights Defenders Worldwide:

It has been two years since Atoullo Raqibov, resident of Zarkamar Village of Fayzobod District in the Republic of Tajikistan, tirelessly trying to defend his rights for fair trial after his house was destroyed in August 2009 by order of local prosecutor and as a result, his family of seven, including five young children became homeless and suffer in hardships.

Nobody in the government of Tajikistan seems to listen to his claims, but on the contrary, instead of hearing his concerns objectively, last week they arrested him and transferred him to a prison in Dushanbe.

We are a group of compatriots of Raqibov's family who believe he and his family were treated unjustly, with many instances of violations of laws by local officials. Therefore, we are calling for Atoullo Raqibov to be released from prison immediately and compensated for his family's hardships brought up by this case.

This case has already been detailed by various news agencies, most notably by Radio Ozodi, the Tajik Service of Radio Free Europe/Radio Liberty (RFE/RL). Here is a summary:

August 16, 2009 – Atoullo Raqibov, resident of Zarkamar Village of Fayzobod District confirmed that his house has been destroyed on the orders of the local prosecutor without his case being heard in court. That meant his family of seven, including five young children, were left in the yard of their destroyed house, living under a tent.

Gulru Ibodova, Raqibov's wife, said that a month before a group of people from district prosecutor's office and police department came without any notification and demolished the house with an excavator. According to Ibodova, they did not even allow her to take clothing or food items from the house. Raqibov mentioned that during this event he was working in Russia, and upon hearing about it he had to borrow money to buy a ticket to return home.

According to Raqibov, despite numerous requests to government offices, including the court of the Fayzobod District, no one came out to hear him. Ziyoratsho Yatimov, the first deputy head of Fayzobod District, told Radio Ozodi that said Raqibov's house was destroyed due to an order of the District Prosecutor.

According to officials, the house was ordered demolished ostensibly because it had been built on a road, although Raqibov has proffered legal papers demonstrating that he had legal permission to construct his house in 2007.

September 14, 2009 – Ten residents of the Zarkamar village of Fayzobod District, including veterans of WWII and elders, gathered in front of General Prosecutor's Office of Tajikisitan in Dushanbe. Fayzullo Fozilov, a resident of Zarkamar, explained that the purpose of this gathering was to request the proper handling of Raqibov's case by the General Prosecutor. Fozilov said that he believed Raqibov's house was destroyed illegally.

After eight hours of waiting, Bobojon Bobokhonov, the General Prosecutor of Tajikistan, agreed to meet with two residents, including Raqibov himself. However, the meeting ended without result, as Bobokhonov said that his house was demolished legally. Meanwhile, Abdurahmon Sharifov, a lawyer of the Human Rights Bureau of Tajikistan, which had been informed about the case, confirmed that the demolition of Raqibov's house had been against the law.

October 22, 2009 – Raqibov told Radio Ozodi that officials from the Ministry of Emergency Situations came and took his family's tent, mattress, heater, cooking appliances and other items, supplies which the Ministry had earlier provided to the family. Karimjon Ashurov, head of the district office of the Ministry, explained to Radio Ozodi reporter that the assistance to Raqibov's family had only been intended to be temporary.

September 15, 2010 – More than 300 residents of Zarkamar protested for three hours in front of the ruins of Raqibov's house against Fayzobod District officials, keeping it from being completely demolished. Ibodova said that officials beat her family members.

October 31, 2010 – The Prosecutor of Fayzobod District opened a criminal case against Raqibov and his entire family, including their children, charging them with hooliganism. Fayzobod District officials did not comment on the case, and likewise Ahliddin Mirzoev, the investigator from the Ministry of Internal Affairs. However, an official who did not want to be named explained that the case had nevertheless been taken up by the latter Ministry.

December 3, 2010 – The Fayzobod District Court announced a hearing for Raqibov's case on 16 February, 2011. Raqibov said that he had obtained the copy of the court's announcement via his sister-in-laws and that despite the short notice he still had not been assigned public defender. The criminal case had been opened on the basis of a complaint of the excavator's driver, who claimed 1600 Somoni for damage done to his tractor window.

December 29, 2010 – Raqibov and his family begin a hunger strike in front of the office of Zarif Alizoda, the national ombudsman. Alizoda latter told Raqibov to leave his office and stated that he was not capable of helping in the case. Raqibov and his family were subsequently jailed upon the request of Alizoda.

January 18, 2011 – Raqibov and his family were released from jail, likewise on Alizoda's request. Nevertheless, Alizoda said that in Raqibov's case experienced no violation of laws or infringement upon human rights.

March 16, 2011 – According to Raqibov, the court hearing did not occur due to the absence of the plaintiffs. The court hearing was delayed to two days later.

April 13, 2011 – The Fayzobod District Court ruled that Raqibov should be put into jail. Raqibov and his wife were not present at the sentencing as they were being treated in Qariyai Bolo Hospital in Dushanbe. Raqibov said that his wife had become ill due to the intense pressure of the case. In order to enact the sentencing, which according to Tajikistan law requires the presence of the defendant, officials compelled Raqibov's sister, Mohkalon, to be present in the court. Raqibov stated his belief that the purpose of putting him in jail was to break his resolve.

April 17, 2011 – Raqibov was imprisoned. The court ruling was revealed: "According to Section 289, Atoullo Raqibov should be put to jail for causing obstacles in court hearing and protesting the court conditions."

April 21, 2011 – Raqibov was transferred from Fayzobod District's jail to prison in Dushanbe. Officials did not comment on this, and his transfer took place while the hearing of the case was still scheduled in Fayzobod District Court.

On April 28, 2011 – The Fayzobod District Court held the hearing on the case without any legal representation on behalf of Raqibov, who could not afford attorney. The family was sentenced to one year in jail.

We request that your organizations, which have always advocated respect for human rights and are truly considered last hope of human rights defenders around the world, assist us in bringing serious attention to the government of Tajikistan, as well as alerting world democratic leaders to monitor and address this case. Furthermore, we request that you lend us your assistance, in whatever form, as soon as possible. Thank you very much.

Sincerely,

The Support Group for the Defense of the Raqibov Family

Category: