QURGHON TEPPA, October 3, 2011, Asia-Plus — The Khatlon prosecutor’s office has referred to the appeals court of the Supreme Court of Tajikistan over sentence passed by the Khatlon regional court on seven supporters of the mutinous Colonel Mahmoud Khudoiberdiyev local court.
Shohrukh Rajabov, head of the department for overseeing the legality of court verdicts within the Khatlon prosecutor’s office, says the Khatlon regional court sentenced seven supporters of Khudoiberdiyev – Rajabali Ghafurov, Shamsiddin Ghulomov, Ikrom Turakhonov, Saidqul Eshonqulov, Umarali Qurbonzoda, Hokimjon Donayev and Qudratullo Qodirov – to sixteen years in prison each on September 1. The sentence followed their conviction on charges of organization of illegal armed formation, organization of a criminal group, armed mutiny and an attempt of forcible seizure of power.
“Meanwhile, the court should have used Article 10 of the RT Law “On Amnesty” and released them in courtroom,” said Rajabov, “The court, however, used another article of this law and cut their prison terms by two years.”
The appeals court is expected to consider the appeal this week.
The 2011 amnesty mainly benefits men over 55, those prisoners suffering from cancer or tuberculosis, and women. The amnesty also applies to members of political parties, public associations and illegal religious organizations who were sentenced to five years in prison as well as persons who were sentenced to more than five years in prison and have served three-quarters of their terms.
The amnesty also benefits militants who fought government troops in 1997 in Khatlon province, Dushanbe, Hisor, Shahrinav and Tursunzoda as well as armed clash of 1998 in Sughd province if they have served half their sentences.
The amnesty excludes those serving sentences for serious crimes such as terrorism and extremism, killing two and more people, recidivists or those who committed crimes in prison. This is the 13th amnesty the government has approved.
We will recall that Colonel Mahmoud Khudoiberdiyev made two failed coup attempts in 1997 and 1998. After the failed coup attempt made in August 1997, Khudoiberdiyev and his supporters reportedly retreated south via Shahritous and Beshkent into southern Uzbekistan. According to some sources, after leaving Tajikistan, the mutinous colonel and his militant followers moved through Uzbekistan into Afghanistan in November 1997. Khudoiberdiyev reportedly returned to Uzbekistan in June 1998. On November 4 1998, Khudoiberdiyev’s armed group invaded Sughd province from Uzbekistan. A few days later the government regained control of the province. Some 100 people were reportedly killed in the Sughd clashes. Tajik Prosecutor-General’s Office instituted criminal proceedings against Khudoiberdiyev under the provisions of two articles of Tajikistan’s Penal Code (high treason and coup attempt) and has repeatedly requested Uzbek authorities to extradite Khudoiberdiyev to Tajikistan.