21.08.2022
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In Uzbekistan, Prosecutor’s office covers lawlessness when demolishing houses

Inspectors of the Compulsory Enforcement Bureau (CEB) at the Prosecutor’s office indifferently watched how Khushnud Goiybnazarov was burning. Thus, a resident of Andijan region protested against the confiscation of his pledged house. According to eyewitnesses, the flame reached 1.5 meters, and the neighbors extinguished it.

The tragedy was happened on January 21, and there were three days left until Friday, that Khushnud asked officials for moving.

His sister, Gulbahor Omonova, then told journalists that “the inspectors began to say that those, who were applying for the house, would set it on fire, if my brother did not vacate it. At this time, my brother doused himself with petrol and set fire.” Subsequently, the man died, burn injuries of the larynx and chest were fatal. According to Gulbahor, her brother begged the inspectors to give him some time that he had nowhere to go in such a cold.

The Compulsory Enforcement Bureau of Andijan region continues to study information about self-arson and promises to familiarize the media with its results after a “careful investigation”.

Due to public disclosure of the case, which was required a quick response, the press service of the Prosecutor General’s office hastened to report that a criminal case had been opened under article 103 (“Bringing to suicide”) of the Criminal Code.

On the same day, a resident of Samarkand, Dilorom Rozikova, set fire to a towel and threw it towards the CEB’s employees, who came to evict her from the house by court order. No harm done. Dilorom was detained, and criminal proceedings were instituted against her. Article 219 of the Criminal Code (“Resistance to a representative of the government or to a person performing a civil duty”) provides for imprisonment of up to 5 years.

In the case of Dilorom, the authorities and a commercial structure appear. Some officials, who approved the demolition, are in prison, but their decisions are still in force.

Since 2018, the courts either took the tenants’ side, or favored the requirements of the developer. Along with the developer, the city administration acted as the main plaintiff. After appeals from residents, the interests of the company and officials were also defended by the Supreme Court.

Dilorom Rozikova decided not to give up and in December 2019 sent a complaint to the chairman of the Supreme Court. After the complaint was registered, the Regional court of Samarkand suspended the execution of court decisions concerning this case. On the basis of her application, the Prosecutor General’s office sent the case materials for a detailed study to the Supreme Court.

The CEB’s notification of forced resettlement was unexpected for Dilorom. It turns out that she was not informed about the letter of the Supreme Court in which the suspension of the execution of court decisions was canceled. She still does not know the contents of this official document.

The Prosecutor’s office, which is in charge of the CEB, has neglected the law, which allows up to 15 days for voluntary execution of a court decision. Rozikova received the notice on January 20, the day before the forced resettlement. Another norm of the law was ignored, according to which another 10 days should be given after D. Rozikova’s statement. As a result, her apartment was smashed up, the resident of Samarkand is in pre-trial detention center.

The CEB use the term “forced resettlement”, but citizens are protected from it by article 11 of the International Covenant on Economic, Social and Cultural Rights, which member is Uzbekistan since 1995. Such a concept does not exist in the Housing Code, there is a “compulsory withdrawal” with clear grounds: nationalization, requisition, confiscation and debt obligations recovery.

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The Analytical Center for Central Asia (ACCA) is a group of professional journalists who work in Central Asia. We cover all cases of human rights violations in Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan. We post news without censorship and present information as it is. Each material is carefully checked before publication, in order to ensure its authenticity. All news from ACCA.media is available to you both on the website and social networks - start following us and stay tuned for new publications. Contact information with which you have an opportunity to send your news or contact journalists: info@acca.media

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