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INFO RUEHZG/NATO EU COLLECTIVE
RUEHAH/AMEMBASSY ASHGABAT 3809
RUEHTA/AMEMBASSY ASTANA 0023
RUEHEK/AMEMBASSY BISHKEK 4425
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RUEHBS/USEU BRUSSELS
RUEHGV/USMISSION GENEVA 1051
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RHEFDIA/DIA WASHDC
RHEHNSC/NSC WASHINGTON DC
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 07 TASHKENT 000303 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR INL ANDREW BUHLER AND NORIS BALABANIAN; EUR/ACE 
FOR DEAN FISCHER AND RICK STODDARD; SCA FOR PAMELA 
SPRATLEN; SCA/CEN FOR BRIAN RORAFF AND RICHARD SNELSIRE 
DEPT OF JUSTICE FOR OPDAT CATHERINE NEWCOMBE AND JOHN 
TUNHEIM; ICITAP FOR MARK MOGLE 
ASTANA FOR ALMATY/USAID 
 
E.O. 12958: N/A 
TAGS: PGOV PREL ASEC KCRM EAID PHUM UZ
SUBJECT: CONFERENCE ON HUMAN RIGHTS LETS WESTERN EXPERTS 
ENGAGE UZBEKS ON BIG ISSUES 
 
REF: TASHKENT 300 
 
SENSITIVE BUT UNCLASSIFIED -- PLEASE PROTECT ACCORDINGLY 
 
¶1. (SBU) Summary:  The USAID-funded Open Dialogue Project, 
under the auspices of the Institute for New Democracies (IND) 
and the University of Eastern Kentucky, in conjunction with 
the state-supported Foundation for Regional Policy, sponsored 
an international conference in Tashkent on March 5-6 focusing 
on law enforcement and human rights issues.  Despite some 
international criticism that the event was merely a talk 
shop, the conference was a chance for a wide range of 
American and European law enforcement and legal experts to 
engage a key group of Government of Uzbekistan officials on 
important issues.  As expected, the Uzbek side highlighted 
major steps such as the abolition of the death penalty and 
the adoption of a law transferring arrest warrants from 
prosecutors to the courts.  Nevertheless, officials from 
power ministries, the parliament, supreme court, and academic 
organizations listened intently as a U.S. Federal Judge 
analyzed the strengths and weaknesses of the new habeas 
corpus law.  Uzbek police officials also heard relevant case 
studies about forensic examinations, community policing 
techniques, and conflict avoidance. 
 
¶2. (SBU) The Uzbeks acknowledged a need to focus on how to 
better balance security priorities with respect for human 
rights.  However, they made it clear that Andijon is not yet 
open for public discussion.  Nonetheless, a conference 
tackling this type of subject matter would not have been 
possible even last summer, and we are hopeful it will be a 
useful building block for additional cooperation on legal 
reform and human rights.  The Government of Uzbekistan has 
already asked Open Dialogue to lead a small working group to 
review the Government of Uzbekistan's laws on torture and 
make any recommendations to ensure compliance with the Geneva 
Convention.  We believe that the "talking heads" have an 
important role in an intensified dialogue that could lead to 
important developments in our relationship.  End summary. 
 
Let's Steal Ideas 
----------------- 
 
¶3. (U) The USAID-funded Open Dialogue Project, in partnership 
with the Institute for New Democracies (IND) and the 
University of Eastern Kentucky, in conjunction with the 
state-supported Foundation for Regional Policy, sponsored an 
international conference in Tashkent on March 5-6.  The title 
of the conference was "Death Penalty Abolition and Transfer 
of Arrest Warrants to Courts -- An Important Stage in 
Liberalizing the Judicial System."  The title reflects the 
Government of Uzbekistan's desire to highlight these 
significant new laws to an international audience, and the 
conference also included sessions on police techniques and 
forensic pathology.  (Interestingly, the organizers had 
amended the title of the conference to "Law Enforcement, 
Human Rights, and Global Security:  Uzbekistan and the World 
Experience."  When it turned out that President Karimov had 
already approved the other title, the organizers preserved 
the new name by labeling the whole week's proceedings the 
"Uzbek - America Forum:  Law Enforcement, Human Rights, and 
Global Security" but left Karimov's decision for the two-day 
conference intact.)  One of the American sponsors 
characterized the conference as "a chance to 'steal' good 
ideas from each other."  The Uzbek participants emphasized a 
 
TASHKENT 00000303  002 OF 007 
 
 
theme of striving for balance between maintaining state 
security and respecting human rights.  There were also two 
days of side programs that preceded the main events as well 
as a trip to Bukhara after the conference for the visiting 
experts to meet with local level law enforcement officials. 
The event was well-attended by the diplomatic corps and 
covered in the local media. 
 
No Shock Therapy 
---------------- 
 
¶4. (U) The Uzbek participants generally stuck to their 
commonly stated theme of "step by step" progress on reform. 
The Chair of the Supreme Court Buritosh Mustafaev underscored 
that Uzbekistan decided early after its independence not to 
undergo "shock therapy," electing instead to gradually 
introduce changes.  On reforms, the Director of the 
Foundation of Regional Policy Sayfiddin Juraev, the main 
conference organizer on the Uzbek side, noted that "we're on 
the right path and there is no chance we'll move away from 
it."  While the conference focused on the two recent major 
reforms, Deputy Minister of Internal Affairs Alisher 
Sharafutdinov also reminded the audience that Uzbekistan has 
undertaken a significant liberalization of its criminal 
justice system characterized by more lenient prison 
sentences.  He said 4,000 inmates were released prior to the 
end of their sentences and yet crime is down along with 
recidivism; hundreds of fugitives have even appeared 
voluntarily to settle cases because the liberalization of the 
laws allow civil resolution (without intervention of the 
judicial system) of a dispute.  Sharafutdinov concluded, 
however, that "nonetheless, we need to improve" and promised 
to try to resolve outstanding issues. 
 
¶5. (SBU) Sayora Rashidova, the Parliament's Human Rights 
Ombudsman, said that in 2007 the number of complaints 
registered in her office grew to 7,367, which in her view 
demonstrates that Uzbek citizens "are becoming more informed 
about their rights" and increasing their expectations.  The 
number of complaints directed at law enforcement comprised 22 
percent of the total, which she asserted was a decrease 
stemming from improved performance of law enforcement bodies 
in respecting rights.  Sharafutdinov added that the Ministry 
of Internal Affairs (MVD) uses the Human Rights Ombudsman's 
data not as criticism but rather "as a barometer" of the 
situation in the country.  The Chairman of the Commission for 
the Prevention of Corruption in Slovenia Drago Kos gave 
credit where credit is due, noting the significance of 
reforms abolishing the death penalty and transfering 
detention authority to the courts. 
 
Abolition of the Death Penalty 
------------------------------ 
 
¶6. (SBU) Mustafaev noted that, from the Soviet legacy, the 
death penalty used to be on the books for 33 different 
crimes.  Gradually legal reforms were introduced, and by 1994 
it was applicable to 13 crimes; by 1998 there were eight; 
then four as of 2001; the figure dropped to two in 2003; and 
now capital punishment is abolished.  He and Mirzayusuf 
Rustambaev, the influential Rector of the Tashkent State 
Institute of Law, mentioned that they carefully studied 
international models, especially Germany, and participated in 
many seminars on the topic.  He specifically thanked the head 
of the USAID-funded Open Dialogue Project Mjusa Sever for her 
 
TASHKENT 00000303  003 OF 007 
 
 
efforts to help Uzbekistan learn from abroad.  (Comment: 
This suggests that forums to expose Uzbek officials to 
different ideas and models can pay off with long-range 
reforms.  End comment.)  Rustambaev could not resist gushing 
that "we are evolving in such a short period of time, and are 
even ahead of some big democratic countries" (which he did 
not name).  "We would like well-known democratic countries to 
learn from us; don't be shy," he continued, "and maybe we'll 
learn from you, too."  Rustambaev also stated that, in 
addition to abolishing the death penalty, in Uzbekistan there 
are only two crimes even punishable by life in prison, fewer 
than any other country in the Commonwealth of Independent 
States (CIS).  Furqat Shodmonov, Chair of Higher Training 
Courses at the Prosecutor General, pointed out that 
abolishing the death penalty also means that "judicial errors 
can be corrected." 
 
Habeas Corpus-type Law 
---------------------- 
 
¶7. (SBU) Sharafutdinov described a new law (which went into 
effect in 2008) transfering authority to issue arrest 
warrants from prosecutors to the courts as one that 
"significantly changed the legal system" and brings 
Uzbekistan "into compliance with international norms."  He 
said that so far in 2008 there has been a 40% drop in 
requests for arrest warrants and, while it is too early to 
speculate, he is confident that "by the end of year the 
number of those arrested should be substantially less than in 
previous years."  He noted the transfer of authority requires 
prosecutors to be more thorough and also "activizes the role 
of defense lawyers."  In a significant statement for an Uzbek 
official, Sharafutdinov also said "we acknowledge that the 
previous system led to abuse and violations of human rights." 
 He added that "this law helps us in reaching a balance and, 
while the transition is a challenge, this is a major step." 
Chair of the Supreme Court Mustafaev noted that the law is 
working and that, in addition to fewer requests for warrants, 
some requests are being denied.  Umida Tukhtasheva, a 
professor and Chair of the Tashkent State Institute of Law 
who helped draft the legislation, agreed that the law will 
reduce ungrounded arrests and said that already one percent 
are being struck down. 
 
¶8. (SBU) In preparation for implementing the law as of 2008 
Sharafutdinov said the Government of Uzbekistan has organized 
workshops to increase awareness among judges.  He also said 
that his ministry now has a policy to distribute leaflets to 
arrested persons informing them of their rights.  A new 
system of 24-hour on-call defense attorneys has also been 
established to improve access to defense counsel for the 
accused.  He says there are also efforts to inform families 
and lawyers of detentions to provide better opportunities for 
defendants to organize a defense.  The Ministry of Internal 
Affairs has also instituted random inspections of its law 
enforcement personnel to check their conduct.  He also noted 
increased cooperation with the Human Rights Ombudsman and 
called for an expansion of an existing Inter-Agency Working 
Group on Human Rights, which would include inviting 
international experts to offer advice.  (Note:  Sharafutdinov 
said he submitted this proposal to the Uzbek Ministry of 
Justice, thereby publicly putting the ball in its court. 
This could mean that the Ministry of Justice is already 
preparing a response and is comfortable with the idea.  End 
note).  Sharafutdinov, again with encouraging candor, closed 
 
TASHKENT 00000303  004 OF 007 
 
 
by noting:  "No one will forgive us if we miss this 
opportunity.  We are halfway there but still have a lot of 
work to do.  However, give us a year or two and we will 
deliver better results." 
 
Expert Analysis 
--------------- 
 
¶9. (SBU) A U.S. Federal Judge who participated in the 
conference agreed that the new habeas corpus-type law is a 
major step toward compliance with the International Covenant 
on Civil and Political Rights (ICCPR) and should be 
commended.  However, he told the rapt audience of Uzbek 
movers and shakers that the law falls short on pre-trial 
detention procedures and some implementation issues.  The 
judge noted it is a good sign that early data shows Uzbek 
judges are indeed rejecting some warrants, so "the proof is 
in the pudding."  While arrest warrant procedures in the new 
law seem to be working well, he emphasized that it is not 
clear whether standards are being applied, which could lead 
to arbitrary decisions by judges. 
 
¶10. (SBU) The judge pointed out that the pre-trial detention 
procedures are not working very well, and advised Uzbek 
courts to consider flight risk and community safety rather 
than just the severity of an alleged crime.  Again, he 
stressed the importance of developing clear standards.  The 
judge also described a loophole in the law that could allow 
law enforcement officers to delay starting the clock on 
official detention by not formally arresting a person right 
away.  Furthermore, while 72 hours is the maximum detention 
period upon arrest that could be justified under 
international norms, the Uzbek law has some provisions to 
allow for an additional 48 hours or even 10 days in exigent 
circumstances.  He also said it is important to consider 
whether there is actually access to counsel in practice, not 
just the right to counsel.  Another problem area in the new 
law is that the decision to order pre-trial detention is made 
in a closed hearing, whereas such an important decision 
should be made publicly and with a more effective way for 
defense to participate.  The judge suggested establishing a 
probation department that gives advice to judges on weighing 
pre-trial detention decisions.  Overall, the judge observed 
that a few more steps are necessary to meet international 
standards but told Sharafutdinov that they have come 
two-thirds of the way rather than just halfway.  (Comment: 
Many diplomats in the audience appreciated that the judge 
delicately cut to the chase and pointed out specific areas 
for improvement.  Ives Giovannoni of the International 
Committee for the Red Cross told poloff that "the judge's 
remarks are absolutely crucial to the work our organization 
is trying to do here."  The successful presentation could not 
have been possible without the assistance of the Department 
of Justice's Office of Prosecutorial Development and 
Assistance Training (OPDAT), which conducted an important 
assessment of the new law in preparation for the judge's 
participation in the conference.  The in-depth analysis will 
be an important building block as we follow up with specific 
legal reform efforts.  End comment.) 
 
¶11. (SBU) The U.S. judge's frank commentary drew an 
impassioned response from Uzbek participants who were clearly 
not used to being second-guessed.  Tukhtasheva, a bright 
young legal scholar, rebutted with several counterpoints to 
defend the law and drew an analogy to a young sapling that 
 
TASHKENT 00000303  005 OF 007 
 
 
must be nurtured and watered to grow into a strong tree.  She 
said that hearings are closed because they are not meant for 
public consumption and that authorities cannot do 
investigations overnight.  Shodmonov re-emphasized the 
forward progress the law represented.  Sharafutdinov, with 
equanimity, conceded that "yes, we have problems with the new 
law" and expressed his appreciation to the judge for 
reviewing it.  Sharafutdinov and Tukhtasheva met with the 
judge separately for two hours on the margins to review his 
findings in detail on a working level, which seemed to 
reflect the willingness of the Government of Uzbekistan to 
work with the U.S. on legal reform issues (septel). 
 
Andijon is Not On the Table 
--------------------------- 
 
¶12. (SBU) The Uzbek participants were the first to mention 
the 2005 Andijon events during the conference, and the 
consistent message was that the Government of Uzbekistan was 
justified in its crackdown.  Senator Mavjuda Radjabova, the 
Chair of the Senate Committee on Legislation and 
Judicial-Legal Issues, stated that the Andijon incidents were 
"acts of international terrorism."  She added: "We conducted 
an open trial to investigate and prosecute those responsible 
and it was proven they were involved in terror acts.  These 
events are a parallel to the September 11, 2001 attacks in 
the United States.  All nations have different definitions 
and approaches to terrorism, and we need to stand up to 
encroachments on our Constitution."  Rustambaev, whom many 
Uzbek attendees regarded as the driving force behind the 
featured legal reforms, defensively noted that "many nations 
accused us of violating human rights and it is simply untrue. 
 Terrorists were trained abroad and made incursions onto 
Uzbek territory.  We had to protect ourselves." 
 
¶13. (SBU) Nonetheless, in a keynote address the Ambassador 
reiterated the international community's request for an 
independent inquiry into Andijon.  Juraev, in his remarks, 
thanked the Ambassador but said the Government of Uzbekistan 
has already unilaterally addressed the Andijon issue and it 
is finished.  Juraev then nervously approached poloff and 
said "the Ambassador's speech was great, but please take out 
the Andijon part before you post it to the Embassy website." 
(Comment:  The high-level Uzbek participants at the 
conference reinforced the message that they are willing to 
admit some shortcomings and previous problems in the legal 
system, but they are firm that an open investigation into 
Andijon is off-limits.  The Uzbeks hope the West will accept 
the specific openings to further engage on some substantive 
issues but drop the demand for Andijon inquiries once and for 
all.  End comment.) 
 
Policing Techniques 
------------------- 
 
¶14. (SBU) While Uzbek officials insist on avoiding critical 
discussions about Andijon, the conference provided a valuable 
opportunity for police officials from the West to share 
relevant experiences with the Uzbeks that could help hone the 
necessary skills to respond appropriately to crisis 
situations and avoid facing what one police official called 
the stark choice of having to open fire or run away.  A 
senior police official from Arizona shared strategies for 
coordinating security for the Super Bowl, which could help 
Uzbek law enforcement make adequate preparations for 
 
TASHKENT 00000303  006 OF 007 
 
 
high-profile, crowded events.  He described the approach to 
managing a major Ku Klux Klan rally in Louisville, Kentucky, 
including the challenge of defending free speech even if it 
is hateful, and the need to seal off counter-demonstrations. 
He also discussed how American police forces have to 
establish trust with immigrant communities, which include 
many illegal residents who fear authorities.  These lessons 
also are applicable in Uzbekistan, which has substantial 
minorities from other ethnic groups throughout the country. 
 
¶15. (SBU) Stephen White, an EU police official from Northern 
Ireland, shared tough lessons learned on conflict avoidance 
and crowd management from his experiences dealing with 
violence during the annual marching season, particularly at 
Drumcree.  He advised the attendees "to remember the 
community impression police make, especially in the heat of 
battle.  The use of force is an important decision and events 
have to be viewed in a wide sense."  (Comment:  After the 
Uzbek authorities at the conference bristled about Andijon, 
it was especially useful to have Western police experts with 
experience in the trenches demonstrate that they face similar 
dilemmas as the self-conscious MVD officials.  Rather than 
the appearance of talking down to the Uzbeks, this allowed 
for a productive exchange.  NSS was not officially 
represented at the conference but did participate in the 
two-day side programs with the visiting experts.  End 
comment.) 
 
Forensics is Key 
---------------- 
 
¶16. (SBU) One of the most productive sessions of the 
conference was "Forensic Investigations' Role in Liberalizing 
the Criminal Justice System," which was more technical and 
less politicized, which allowed for a less guarded exchange. 
Kos, the Slovenian official, emphasized that "if you do 
forensics right, you don't need to rely on oral witnesses." 
Zayniddin Giyazov, Head of the Uzbek Central Bureau of 
Forensic Pathology Examination, noted that Uzbekistan has 
seen a 50 percent increase in use of forensic data in 
criminal cases.  He impressed the Western experts in 
attendance by stressing the importance of "objectivity, 
independence, and competence."  However, he conceded that 
"capacity is still undertapped to implement sound forensic 
work and we're far from perfect."  He mentioned that issues 
are gradually being addressed, but called for enhanced 
cooperation, especially since the pool of forensic 
pathologists is very small in every country (amounting to 
less than 0.5 percent of medical doctors in Uzbekistan). 
 
¶17. (SBU) A visiting county medical examiner from New Jersey 
said professional standards are excellent in Uzbekistan, but 
staff just lack the proper equipment.  The American cited a 
case in Navoi Province in which international experts 
exonerated the government in the alleged torture death of a 
deceased prison inmate because the Uzbek autopsy was properly 
conducted and documented.  He underscored that "absolute 
independence is critical to credibility," and he successfully 
defended this position when challenged by an Uzbek official 
who suggested that medical examiners' opinions "can be 
deficient."  He advised his Uzbek colleagues to obtain a 
second opinion for trials rather than try to discredit 
professionals or subject their results to law enforcement 
pressure.  (Comment:  USAID funding has already facilitated 
multiple trips by forensic pathology experts to Uzbekistan. 
 
TASHKENT 00000303  007 OF 007 
 
 
INL is also currently funding a project to upgrade a forensic 
laboratory that focuses on narcotics analysis.  The positive 
discussions at this conference may pave the way for 
additional opportunities to provide equipment upgrades and 
related legal training focusing on forensic pathology.  End 
comment.) 
 
Comment 
------- 
 
¶18. (SBU) Former British Ambassador to Uzbekistan Craig 
Murray, who has gained international media recognition for 
his recent book about Uzbekistan, criticized from afar this 
conference as a gathering of "talking heads."  (His remarks 
were picked up by the website ozodlik.org.)  However, as with 
previous events sponsored by the few USG-supported NGOs in 
Uzbekistan, the conference provided an important opportunity 
for Western law enforcement experts to share ideas, advice, 
and experiences with an important group of Uzbek officials 
which needs exposure to outside viewpoints. 
 
¶19. (SBU) Reforms may happen slowly in Uzbekistan, where 
there remains a penchant to do things from the top-down, but 
this conference underscored the fact they do sometimes 
happen.  The two key legal reforms discussed in detail at 
this conference were made possible in large part by the 
previous work of U.S.-supported entities.  Sustained 
engagement now may likewise lead to desired further reforms, 
especially of the recent habeas corpus law.  The sensitive 
topics included on this agenda could not have been discussed 
just one year ago, and the Government of Uzbekistan has 
already asked Open Dialogue to organize a roundtable 
addressing torture as quickly as possible.  We believe the 
talking heads have some important things to say and the talk 
is not in vain.  The conference recommendations have been 
circulated to Government of Uzbekistan ministries with a 
response time of one week.  The Ambassador told the closing 
plenary that implementation is key.  Quoting an Uzbekistan 
human rights lawyer, the Ambassador emphasized the importance 
of progress on the ground in order to avoid the lyrical 
conclusion about legal reform:  "you can see it, but you 
can't eat it." 
 
NORLAND