Uzbek victims of torture and of the May 13 massacre in Andijan, Uzbekistan, assisted by Human Rights Watch, have requested the German Federal Prosecutor to open a criminal investigation against Zokirjon Almatov, Uzbekistan’s Minister of Internal Affairs.
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Zokirjon Almatov has served as Minister of Internal Affairs in Uzbekistan since 1991. As the highest-ranking official with oversight of law enforcement agencies and prisons in Uzbekistan, Almatov ultimately bears responsibility for what is a well-documented, systematic practice of torture in the country. Torture takes place in pre-trial detention facilities as well as post-conviction facilities, both of which are run by the Ministry of Internal Affairs. Some of the worst cases of torture have taken place in the Ministry’s own holding facility at headquarters. As Minister of Internal Affairs, Almatov, 56, also had command responsibility for most of the security forces that killed and wounded hundreds of unarmed civilians in Andijan in May of this year.
What crimes is he accused of?
The German Federal Prosecutor has been requested by a group of victims to open a criminal investigation and pursue Almatov on three counts: individual crimes of torture, torture as a crime against humanity, and the Andijan massacre itself as a crime against humanity.
Who are the plaintiffs in the case?
There are eight plaintiffs in the case, all Uzbeks. They have been assisted by Human Rights Watch. Four of the plaintiffs are victims of torture. Four are victims of the Andijan massacre.
Why are these cases being brought in Germany?
Zokirjon Almatov traveled to Germany in November to undergo medical treatment for cancer. Almatov was granted a visa to enter Germany despite the fact that the European Union had issued a visa ban for twelve individuals it considers responsible for the Andijan massacre. Almatov is number one on the E.U.’s visa ban list. While not a pre-condition for the case, Almatov’s presence in Germany was a facilitating factor in his investigation and potential prosecution for alleged crimes in Uzbekistan under the principle of universal jurisdiction, which has been enshrined in German law. Recent unconfirmed reports indicate that Almatov has left Germany. Nonetheless, German legislation permits an investigation for crimes of universal jurisdiction even without the person’s presence on its soil. The opportunity to pursue Almatov outside Uzbekistan is all the more important in light of the fact that torture occurs with near-total impunity in Uzbekistan, leaving its victims with no real prospects for redress there.
Why is the case against Almatov important?
Uzbekistan has a long record of impunity for serious human rights abuses committed by government agents. It is imperative that Almatov answer for his role in the systematic use of torture and for the massacre in Andijan. Victims of torture inflicted by personnel under his command and relatives of those killed by his troops deserve to see Almatov brought to justice.
Uzbekistan has demonstrated that it will not conduct a meaningful investigation or prosecution of the real perpetrators of the Andijan massacre. It has refused repeated calls by the United Nations, the E.U., the Organization for Security and Cooperation in Europe and others for an independent investigation into Andijan. Instead, it organized a series of show trials of alleged perpetrators that, in the opinion of Human Rights Watch, the E.U., the U.N. High Commissioner for Human Rights and others organizations, did not meet basic international fair trial standards.
The case against Almatov is also an important test of the principle of universal jurisdiction and its application by the German judicial system. Germany prides itself on being a leader in the application of universal jurisdiction, by incorporating these principles into its own law and supporting the establishment of the International Criminal Court (ICC). In deciding whether to pursue a case against Almatov, Germany will demonstrate its readiness to put these principles into practice in its own courts.
What punishment could Almatov face if tried and convicted in Germany?
The charges against Almatov carry lengthy prison terms. If convicted of the most serious crimes, including murder or death caused by torture, he could face up to life in prison.
What is universal jurisdiction and how is it applied in Germany?
Universal jurisdiction reflects the principle that some crimes so offend humankind that courts anywhere have jurisdiction to try them, no matter where they were committed. Under international law, states can enact legislation to allow their courts to investigate any person suspected of certain crimes in violation of international law. Germany has enacted such legislation, which is largely based on the Rome Statue of the ICC. Germany is exemplary in this regard.
Which crimes fall under universal jurisdiction?
Universal jurisdiction applies to exceptionally serious crimes under international law, such as genocide, crimes against humanity, and war crimes. Both treaty law and international customary law are the basis for universal jurisdiction for these exceptionally serious crimes.
What is a crime against humanity?
Article 7 of the Rome Statute of the ICC defines a crime against humanity as any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: murder, extermination, enslavement, deportation or forcible transfer of population, imprisonment or other severe deprivation of physical liberty, torture, rape, sexual abuse and violence, persecution against any identifiable group or collectivity, enforced disappearance of persons, apartheid, and other inhumane acts intentionally causing great suffering, or serious injury to body or to mental or physical health.
The statutory definition under German law mainly parallels that of Article 7 of the Rome Statute. Both the systematic use of torture in Uzbekistan and the massacre of hundreds of unarmed demonstrators in Andijan in May fall under this definition of a crime against humanity.
In what other cases has universal jurisdiction been applied?
Some of the most well-known cases in which universal jurisdiction has been applied include the arrest in the United Kingdom of Chile’s Augusto Pinochet on charges of torture and conspiracy to torture, and the arrest in Senegal of Hissène Habré, the former Chadian leader, on charges of torture and crimes against humanity. However, universal jurisdiction has been applied in numerous other cases in which countries have undertaken investigations and prosecutions or arrested people with a view to extraditing them to a state that will prosecute.
Is torture a serious problem in Uzbekistan?
Torture in Uzbekistan is widespread. Methods of torture used in Uzbek detention facilities have included electric shock, asphyxiation with plastic bags and gas masks, hanging people by their wrists or ankles, beatings with truncheons, and rape and other forms of sexual humiliation. Police have also threatened to inflict harm on detainees’ relatives.
Perpetrators of torture enjoy almost complete impunity in Uzbekistan. The government consistently fails to investigate allegations of torture, prosecute perpetrators, or provide reparations for victims of torture.
The systematic use of torture in Uzbekistan and impunity for perpetrators have been well-documented by Human Rights Watch, Amnesty International, the U.N. Special Rapporteur on Torture, and others.
What happened in Andijan?
On May 13, 2005 in Andijan, Uzbek government forces killed hundreds of unarmed protesters as they fled a demonstration, in Andijan, eastern Uzbekistan. In the early hours of May 13, gunmen attacked government buildings, killed security officials, broke into the city prison, took over the local government building and took hostages. Towards dawn, they began to prepare for a large protest in Bobur Square and mobilized people to attend. As word spread, the protest swelled into the thousands, as people came to vent their grievances about poverty and government repression. When government forces, including Ministry of Internal Affairs troops, sealed off the square and started shooting indiscriminately, the protesters fled. Hundreds were ambushed by government forces, which gunned them down without warning. The use of excessive force has been extensively documented by the U.N. High Commissioner for Human Rights, the OSCE, Human Rights Watch and other organizations.
The government has yet to take any steps to investigate or hold accountable those responsible for the massacre. Instead, it denies all responsibility and has persecuted those who seek an independent and transparent investigation. In the wake of the massacre, the Uzbek authorities have aggressively pursued human rights defenders, independent journalists, and political activists who have attempted to convey the truth about the events of May 13 and the days that followed. These individuals have been arrested on spurious charges, detained, beaten, threatened, put under surveillance or under de facto house arrest. The government has also convicted at least 73 people it alleges perpetrated the pre-dawn crimes in Andijan in a series of show trials, many of which were closed to trial monitors. In the opinion of the EU, the UN, Human Rights Watch and others, even the open trials did not meet basic international fair trial standards.
