Tajik lawyer faces charge of leaking copy of court’s verdict and records of the court proceedings

Asia-Plus

Tajik lawyer, Jamshed Yorov, Buzurgmehr Yorov’s brother, faces charge of divulging state secrets.

He was representing the deputy leader of the Islamic Revival Party of Tajikistan (IRPT), Mahmadali Hayit, in the trial.  Jamshed Yorov was arrested on August 22, 2016 and charged with “divulging state secrets.”  On August 26, a court in Dushanbe’s Firdavsi district ordered his remand in pre-trial detention.  

A statement released by Amnesty International on September 19, in particular, notes that the trial of the arrested IRPT leaders fell far short of international fair trial standards.  Allegations of torture and other ill-treatment, used to obtain “confessions”, have been repeatedly voiced by human rights defenders in exile and relatives of the arrested IRPT members, according to the statement.

These have reportedly not been effectively investigated, similarly to allegations of torture of detainees by members of security forces in the past.  The trial itself was conducted in secrecy, and the little public information relating to the prosecution and indictment of the IRPT leaders was quickly retracted, and later totally suppressed.

“Their defense lawyers were compelled to sign non-disclosure agreements regarding any information on the case and the legal proceedings.  Even the charges against the defendants were a matter of official secrecy.  According to media reports, they included terrorism, armed rebellion, murder, “public calls for violent change of the constitutional order”, incitement to racial and religious hatred, and organization of a criminal group.

“However, official information on these charges is unavailable.  Notably, the list of charges was initially circulated by the Prosecutor General’s Office via the official news agency Khovar, but was later removed from the agency’s website.  Information about the criminal case against the IPRT leadership also appears to have been removed from the Prosecutor General’s Office’s official website.  The verdict and official records of the court proceedings have never been officially released.

“However, on August 4, 2016, a document which appears to be a leaked copy of the Supreme Court’s verdict was published online.  This document, if genuine, confirms the above charges.

“The Prosecutor General’s Office has refused to comment on the authenticity of the leaked document.  Instead, criminal proceedings have been opened against Jamshed Yorov, one of the defense lawyers in the case, on charges of “divulging state secrets” (Article 311 of the Criminal Code of the Republic of Tajikistan).  He was arrested on August 22, 2016 and accused of leaking this document.”

If convicted Jamshed Yorov is facing up to 10 years in prison. 

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