MOTION FOR A RESOLUTION on Tajikistan: situation of prisoners of conscience

7.6.2016 - (2016/2754(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Cristian Dan Preda, Tunne Kelam, Andrej Plenković, Davor Ivo Stier, József Nagy, Elisabetta Gardini, Romana Tomc, Bogdan Brunon Wenta, Lefteris Christoforou, Tomáš Zdechovský, Marijana Petir, Ivana Maletić, Dubravka Šuica, Stanislav Polčák, Pavel Svoboda, Patricija Šulin, Therese Comodini Cachia, Csaba Sógor, Sven Schulze, Andrey Novakov, Ramona Nicole Mănescu, Jeroen Lenaers, Roberta Metsola, Ivan Štefanec, Adam Szejnfeld, Milan Zver, Luděk Niedermayer, Claude Rolin, Jaromír Štětina, Eduard Kukan, Jiří Pospíšil, Thomas Mann, Brian Hayes, Andrey Kovatchev, Ramón Luis Valcárcel Siso on behalf of the PPE Group

See also joint motion for a resolution RC-B8-0755/2016

B8‑0766/2016

European Parliament resolution on Tajikistan: situation of prisoners of conscience

(2016/2754(RSP))

The European Parliament,

-having regard to its resolution on the conclusion of a Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part of 17 September 2009,

-having regard to its resolution on the state of implementation of the EU Strategy for Central Asia of 15 December 2011,

-having regard to the Council conclusions on the EU Strategy for Central Asia of 22 June 2015,

-having regard to its report on implementation and review of the EU - Central Asia Strategy of 13 April 2016,

-having regard to the EU statement on Islamic Renaissance Party of Tajikistan (IRPT) criminal proceedings in Tajikistan (OSCE) of 18 February 2016,

-having regard to the conclusions of EU Special Representative visit to Tajikistan of 18 September 2015,

-having regard to the statement by the HR/VP on Tajikistan’s Supreme Court’s sentencing deputy leaders of the Islamic Renaissance Party to life imprisonment on 3 June 2016,

-having regard to the preliminary observations of the visit to Tajikistan by the United Nations Special Rapporteur on the right to freedom of opinion and expression of 9 March 2016,

-having regard to the UPR recommendations of Tajikistan at the 25th UNHRC session of 6 May 2016,

-having regard to EU - Tajikistan annual Human Rights Dialogues,

-having regard to International Covenant on Civil and Political Rights of 1966,

 

-having regard to Regional Conference on Torture Prevention of 27-29 May 2014 and Regional Conference on the Role of society in the prevention of torture of 31 May - 2 June 2016,

-having regard to Rule 135 of its Rules of Procedure,

A. whereas on 17 September 2009, the European Parliament gave its assent to a Partnership and Cooperation Agreement (PCA) between the EC and the Republic of Tajikistan; whereas PCA was signed in 2004 and came into force on 1 January 2010;

B. whereas since 1992, the EU - Tajikistan cooperation has expanded to a large amount of areas, among others human rights and democracy;

C. whereas the EU has a vital interest in stepping up political, economic and security cooperation with the Central Asian region via a strong and open EU‑Tajikistan relationship based on rule of law, democracy and human rights;

D. whereas a well - known businessman and government critic Abubakr Azizkhodzhaev has been detained since February 2016 after raising critical concerns about corrupt business practices; whereas he was charged with “inciting national, racial, regional, or religious hatred” under Article 189 of Tajikistan’s Criminal Code;

E. whereas Tajikistan political opposition members have been systematically targeted; whereas in September 2015 Islamic Renaissance Party of Tajikistan (IRPT) was banned after being linked to a failed coup earlier that month led by a general, Abdukhalim Nazarzoda, who was killed along with 37 of his supporters;

F. whereas many members IRPT have been arrested and face criminal proceedings without guarantee of a fair trial; whereas Zaid Saidov, a businessman and well- known opposition figure was sentenced to 29 years in prison in prosecutions linked to running in the November 2013 presidential elections;

G. whereas on 2 June 2016 the Supreme Court in Dushanbe sentenced Mahmadali Hait and Saidumar Hussaini, deputy leaders of the banned IRPT, to life imprisonment on charges of being behind an attempted coup last year; whereas 11 others IRPT members were sentenced to prison; whereas three relatives of the leader of IRPT, Muhiddin Kabiri have been jailed for failure to report an unspecified crime; whereas court proceedings were not transparent and violated the rights of accused to a fair trial;

H. whereas several lawyers, who applied to act as defence attorneys for IRPT defendants, have received death threats, and have been arrested, detained and imprisoned; whereas arrests of Burzugmehr Yorov, Nodira Dodajanova, Nuriddin Mahkamov, Shukhrat Kudratov, Firuz and Daler Tabarov raise high concerns about compliance with international standards on the independence of lawyers, closed trials and limited access to legal representation; whereas also several journalists have been detained, harassed and intimidated;

I. whereas the 2015 Law on Advokatura has required a complete recertification of the defense bar and introduced some restrictions on who can practice law, furthering possible interference in the independence of lawyers’ work;

J. whereas recent amendments to the Law on Public Association which came to force in 2015 hinders civil society operation by imposing financial disclosure of NGOs funding sources;

K. whereas the European Instrument for Democracy and Human Rights (EIDHR) represents an important financing tool aiming to support rule of law, good governance and human rights in the country as well as region;

1. Stresses the importance of relations between the EU and Tajikistan and of strengthening cooperation in all areas; highlights the EU interest in a sustainable relationship with Tajikistan in terms of political and economic cooperation;

2. Is highly concerned about the increase in the number of detentions and arrests of human rights lawyers, political opposition members and their relatives as well as restrictions on media freedom, internet and mobile communications and limitation of religious expression;

3. Urges authorities of Tajikistan to provide defense attorneys and political figures with fair, open, and transparent trials, including the substantive protections and procedural guarantees in accordance with Tajikistan’s international obligations; reminds that clear evidence must be presented justifying the criminal charges brought against the defendants in connection with all sentences being issued;

4. Calls for the release of the political opposition members and their relatives as well as government critics, including among others Abubakr Azizkhodzhaev, Zaid Saidov, the deputy leaders of the IRPT Makhmadali Khait, Saidumar Khusaini as well as the other 11 IRPT members;

5. Urges the Tajik authorities to quash the convictions and release the attorneys and lawyers, including among others Burzugmehr Yorov, Nodira Dodajanova, Nuriddin Mahkamov, Shukhrat Kudratov, Firuz and Daler Tabarov;

6. Emphasises that the legitimate fight against terrorism and extremism should not be used to ban opposition activity, hinder freedom of expression or hamper the independency of the judiciary; recalls that the fundamental freedoms of all Tajik citizens must be guaranteed and the rule of law must be upheld;

7. Calls on the Tajik Parliament to obtain the views of independent media and civil society in its consideration of the proposed amendments to the Law on the Media regarding media licences;

8. Welcomes some positive steps taken by the Tajik Government such as decriminalization of defamation and insult in 2012 and calls for the proper implementation in its Criminal Code;

9. Welcomes the annual EU-Tajikistan Human Rights Dialogues; underlines the importance of human rights dialogues between the EU and the Tajik authorities as a tool facilitating relaxation of political situation in the country as well as launch of comprehensive reforms;

10. Calls on the EU, and in particular the EEAS, to closely monitor developments in Tajikistan, raise concerns with the Tajik authorities where necessary, offer assistance, and report regularly to Parliament; calls on the EU delegation in Dushanbe to continue to play an active role;

11. Encourages the authorities of Tajikistan to ensure the proper follow up and implementation of the Universal Periodic Review recommendations;

12. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the EU Special Representative for Human Rights, the EU Special Representative for Central Asia, the Governments and Parliaments of the Member States, the Organisation for Security and Cooperation in Europe, the UN Human Rights Council, and the Government and Parliament of Tajikistan.