Justice in Uzbekistan: The Need for a Fair Appeal Process in Cases of ‘Extremism’

Uzbekistan: Fair Appeal in ‘Extremism’ Case

The case of Jahongir Ulugmurodov, a 20-year-old Uzbek student who is studying economics in a Tashkent university, has recently been brought to light. Ulugmurodov has been sentenced to three years in prison for sharing a YouTube link to an Islamic devotional song with his friends on the Telegram social media app. The Tashkent court found Ulugmurodov guilty of “sharing materials threatening public safety and public order” and ordered the destruction of his phone. The State Committee on Religious Affairs concluded that the song “is filled with fundamentalist ideas,” but the text of the song, which Human Rights Watch has seen, does not constitute imminent incitement to violence.

Violations of Constitutional Rights

The case against Ulugmurodov violates his right to freedom of religion or belief. It is among a growing number of prosecutions of people in Uzbekistan for sharing content deemed “extremist” by the authorities. The Uzbek government has been pursuing a heavy-handed approach towards controlling extremist activities, which is of concern.

In May, Human Rights Watch released a report documenting seven similar cases over the past three years in which people were convicted for storing or sharing “religious extremist” content. Human rights activists and bloggers say they are aware of many more such cases. The criminal code used in these cases does not distinguish between violent and nonviolent extremism.

Nasheeds, Extremism, and Incitement to Violence

Nasheeds are popular throughout the Islamic world, and as we know, the Islamic State (ISIS) and other Islamist armed groups have created and disseminated their own versions for propaganda purposes. The nasheed shared by Ulugmurodov includes the phrase “it suits us to become shaheeds,” but it does not amount to incitement to violence. Therefore, his case is not only a violation of his constitutional rights but also an example of overreach by the Uzbek authorities.

Misrepresentations and Defamations

Kun.uz, a local media outlet that analyzed the police statement against the indictment and the verdict, found that the police statement contains “misrepresentations and defamations that do not correspond to the court documents.”

Appeal Process

Uzbek authorities should ensure a fair appeals process for Ulugmurodov and take steps to quash such convictions. The Tashkent court is due to hear Ulugmurodov’s appeal on June 14, 2023. It is of utmost importance to ensure that his appeal process is conducted fairly and impartially.

International Community Partnership

Uzbekistan’s international partners, including the European Union and the United States, should urge the Uzbek government to excise overly broad or vague definitions of extremism and order the review of cases in which Muslims, like Ulugmurodov, have been convicted for sharing or storing materials deemed “extremist” that do not involve use, or intent to use, such material to incite or commit violent acts. Uzbekistan’s international partners should work with the government to bring legislation in accordance with international human rights standards, ensuring that people are not jailed for peacefully practising their faith.

The Way Forward

Uzbekistan’s government has a right to tackle violent extremism, but to do so effectively, it should narrow the overbroad extremism-related provisions currently enshrined in Uzbek law. Uzbekistan should ensure that Muslims can peacefully hold and express their religious views, including by storing and sharing religious materials. The state should guarantee freedom of religion or belief and narrow the overly broad and vague definition of “extremism” to ensure that such provisions comply with international human rights standards.

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