Case History: Shukhrat Rustamov
Uzbek human rights defender, Mr Shukhrat Rustamov, is at risk of being forcibly placed in a psychiatric clinic, following the finding of Shajhantahurskij Regional Court of Common Pleas in Tashkent that he is 'mentally incompetent'.
Shukhrat Rustamov is a member of the Human Rights Defenders Alliance of Uzbekistan, where he assists victims of human rights violations. He has submitted approximately 2,500 complaints on behalf of victims of human rights violations committed by representatives of the Uzbek authorities, none of which have been formally considered by the authorities.
On 18 August 2015, the Tashkent City Court upheld the decision of the Shajhantahurskij Regional Court of Common Pleas, which had declared human rights defender Mr Shukhrat Rustamov 'mentally incompetent'. He faces an immediate risk of being forcibly placed in a psychiatric clinic.
On 18 August 2015, Tashkent City Court upheld the decision of the Shajhantahurskij Regional Court of Common Pleas. The Court's decision to reject Shukhrat Rustamov's appeal echoed the findings of the Court of Common Pleas, and referred to the conclusions of the same medical examination (which in fact never took place) cited in the decision of the regional court. There were a number of procedural irregularities during the investigation and initial court hearing, including that Shukhrat Rustamov did not undergo any such medical examination. A court order requiring him to undergo a medical examination was initially issued on 15 May 2015. However, he had refused the examination and stated his intention to appeal the court order.
Furthermore, during the initial hearing on 20 July 2015, access to the courtroom for international observers and for fellow human rights defenders was heavily restricted. The court held the hearing with the human rights defender in absentia. Shukhrat Rustamov had refused to appear at the hearing as his colleagues from the Human Rights Defenders Alliance of Uzbekistan had not been permitted to attend.
Uzbek authorities have previously used forcibly administered psychiatric treatment as a mechanism to persecute human rights defenders, as in the case of Elena Urlaeva, who was forced to undergo repeated psychiatric treatment by the authorities.
Uzbek human rights defender, Mr Shukhrat Rustamov, is at risk of being forcibly placed in a psychiatric clinic, following the finding of Shajhantahurskij Regional Court of Common Pleas in Tashkent that he is 'mentally incompetent'.
Shukhrat Rustamov was informed of the ruling of the Shajhantahurskij Regional Court on 23 July 2015, following a court hearing on 20 July which was held in absentia. Shukhrat Rustamov had refused to appear at the hearing as his colleagues from the Human Rights Defenders Alliance of Uzbekistan had not been permitted to attend.
The court affirmed that the decision to declare the human rights defender 'mentally incompetent' was based on the conclusions of a medical examination. However, Shukhrat Rustamov did not undergo any such medical examination. A court order requiring him to undergo a medical examination was initially issued on 15 May 2015, at the request of the Foundation “Mahallja”, a charitable public foundation of Uzbekistan. Police officers forcibly brought him to a local psychiatric clinic on 29 June. However, Shukhrat Rustamov refused the examination on the basis that he wanted to appeal the court order.
The court decision to find Shukhrat Rustamov 'mentally incompetent', despite the absence of a medical examination to determine this, follows his submission of a report on the human rights situation in Uzbekistan to the US Embassy in Tashkent, on 11 June 2015. The report summarises the 2,500 complaints which he had submitted to the President of Uzbekistan Ilham Karimov. The human right defender asked the US Embassy to present the report to the UN Secretary General, Ban Ki Moon, who was planning a visit to Uzbekistan.
On 3 August 2015, a group of Uzbek human rights defenders expressed concern at the situation of Shukhrat Rustamov and issued an appeal calling on international community for support.
Uzbek authorities have previously used forcibly administered psychiatric treatment as a mechanism to persecute human rights defenders, as in the case of Elena Urlaeva, who was forced to undergo repeated psychiatric treatment by the authorities.
