President Saparmurat Niazov
Presidential Palace
744000 Ashgabat
Republic of Turkmenistan

Dear President Niazov,

I am writing to convey our deepest concern about Farid Tukhbatullin, an environmental activist arrested last month. We ask that you ensure his immediate release from custody pending trial, in accordance with Turkmen and international law. We also hope that his trial will be open to domestic and international monitors, and take this opportunity to request an invitation for a representative of our organization to visit Turkmenistan in order to observe the trial.

As you know, Ministry of National Security agents arrested Mr. Tukhbatullin on December 22, 2002 in Dashauz and brought him to the Ministry of National Security investigative isolator in Ashgabat, where he remains to this day. He stands charged of illegally crossing the border from Uzbekistan into Turkmenistan (article 214 of the Turkmen criminal code) in September 2001 and of concealing a crime (article 210 of the criminal code). The first charge derives from an incident when Turkmen border guards inexplicably did not stamp his passport upon his return from Uzbekistan. The latter charge derives from Mr. Tukhbatullin’s attendance at an international conference on human rights in Turkmenistan, which was devoted to rights issues ranging from freedom of expression to the rights of the child.

Mr. Tukhbatullin is the director of the Dashauz Ecological Club, a nongovernmental organization that has worked to improve environmental conditions in Dashauz viliat. Only an independent and impartial court of law can determine Mr. Tukhbatullin’s guilt or innocence. But we remain concerned that his arrest, coming as it did in the wake of the November 25 assassination attempt against you, was intended to silence civic activists who, like him, have worked independently of the government.

Article 9 of the International Covenant on Civil and Political Rights (ICCPR) holds that custody prior to trial should not be the general rule, and that “release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.” Releasing Mr. Tukhbatullin prior to trial would serve the interests of Turkmenistan’s compliance with international law and is the best way to guarantee Mr. Tukhbatullin’s health and safety prior to trial.

The ICCPR also entitles defendants to be judged in a “fair and public hearing.” Allowing experienced staff from our organization to monitor the trial would indicate Turkmenistan’s commitment to a transparent and open hearing for Mr. Tukhbatullin.

Until he is released we urge you to ensure that Mr. Tukhbatullin has unhindered access to his attorney and family members, and that he may receive food, medicine, clothing, and other essential items.

Human Rights Watch values the dialogue we began with the Turkmen government in 1999, when Kenneth Roth, executive director of Human Rights Watch, was invited to Ashgabat for this purpose. We hope that in the spirit of this dialogue you will again issue an invitation to our representative.

We thank you for your attention and look forward to your response.

Sincerely,

Elizabeth Andersen
Executive Director
Europe and Central Asia division

cc:
U.S. Secretary of State Colin Powell
Mr. Jack Straw, U.K. Foreign Secretary
Mr. Rashid Meredov, Minister of Foreign Affairs of Turkmenistan
Ms. Laura Kennedy, U.S. Ambassador to Turkmenistan
Mr. Meret Orazov, Ambassador of Turkmenistan to the U.S.
Mr. Jakob Gijsbert de Hoop Scheffer, Chairman-in-Office, OSCE
Mr. Christian Strohal, Director, OSCE Office of Democratic Institutions and Human Rights
Mr. Stephan Minikes, U.S. Ambassador to the OSCE
Mr. Vladimir Kadyrov, Ambassador of Turkmenistan to the OSCE
Ms. Paraschiva Badescu, Head of the OSCE Centre in Ashgabat