QURGHON TEPPA, November 2, 2011, Asia-Plus — The appeals court of the Supreme Court of Tajikistan has overturned the verdict passed by the Khatlon regional court against seven supporters of the mutinous Colonel Mahmoud Khudoiberdiyev and they have been released under an amnesty law, Abdurahmon Tourayev, the defense lawyers of one of them, said in an interview with Asia-Plus.
We will recall that the Khatlon regional court sentenced seven supporters of Khudoiberdiyev – Rajabali Ghafurov, Shamsiddin Ghulomov, Ikrom Tourakhonov, 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. Under the law on amnesty, the court cut their prison terms by two years.
The Khatlon prosecutor’s office referred to the appeals court of the Supreme Court of Tajikistan over sentence passed by the Khatlon regional court, and the appeals court overturned the sentence passed by the Khatlon regional court and the defendants were released.
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.
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.
