TURKMENISTAN

In the iron fist of Niyazov

TURKMENISTAN continues to find itself under the crushing grip of the only leader it has known since independence, President Saparmurat Niyazov. Niyazov, self-declared "Turkmenbashi," meaning, "Father of the Turkmens," has suppressed opposition political parties, independent media outlets and religious expression throughout the country. UN documents reveal a long silence on the part of Turkmen civil society, punctuated only by occasional urgent appeals by special rapporteurs. Based on the information they receive, human rights NGOs are in agreement that the situation is dire: in June 2002 the International Helsinki Federation for Human Rights, for example, referred to Turkmenistan as "one of the most repressive countries in the world."

Niyazov took control of the Turkmen Communist Party in 1985, and was elected president of Turkmenistan when it gained independence in 1991. The Turkmen Communist Party was renamed the Democratic Party in 1992. Since independence, Niyazov has continuously worked against political opposition groups. In the early years of independence, opposition groups Agzybirlik and Paikhas conducted protests against Niyazov's government. Niyazov responded by having the KNB (National Security Committee), the successor to the Soviet Union's KGB, repeatedly take dissidents into custody and subject them to questioning. Many opposition leaders left the country, and the remnants of these early opposition parties was effectively silenced by 1993.

Political opposition to Niyazov's rule also took root in exile communities via the formation of the United Democratic Opposition of Turkmenistan (UDOT) 1991, led by Advi Kuliev, and the People's Democratic Movement of Turkmenistan in 2001, led by Boris Shikhmuradov, former Turkmenistan Ambassador to China.

On 25 November 2002, there was an assassination attempt upon Niyazov. Niyazov alleged that the organizers of the attack were Shikhmuradov and several other former government officials. In retaliation, Niyazov engaged in tactics that showed little regard for human rights or due process of law. Dozens of relatives of the alleged conspirators were subsequently arrested and schools in the nation's capital, Ashgabat, were ordered to provide information about attending students to the Ministry for National Security. In total, the Turkmenistan authorities arrested over 100 people.

On 26 December 2002 Shikhmuradov was arrested and charged with the attempted assassination of Niyazov. Shikhmuradov was subsequently sentenced to life in prison and was forced to confess to the charges on state television, though observers have questioned the truthfulness of the confession and have likened the process to the show trials conducted by Stalin. Shikhmuradov initially received a sentence of 25 years from the Turkmenistan Supreme Court, but received a life sentence after Turkmenistan's People's Council saw his confession. Giving Shikhmuradov a life sentence actually required Niyazov to change Turkmenistan's legal code. On the website of the People's Democratic Movement of Turkmenistan, Shikhmuradov claims that the assassination attempt was constructed by Turkmen legal authorities to create an environment conducive to the repression of opposition political movements. Shikhmuradov claims he was in Turkmenistan only to foment demonstrations and that he turned himself in to "stop the massive arrests and torture of innocent people."

In total, 46 people were convicted of being involved in the assassination attempt. Six of those convicted, including to Shikhmuradov, had their confessions broadcast on state television.

Much of this is outlined in the most recent report of the Special Rapporteur on the question of torture. In 2002, the Special Rapportuer sent urgent appeals to the Turkmen government on behalf of "scores" of detainees. Among them were Mukhametkuli Aymuradov, Khosali Garayev, Aili Yklymov, Esenaman Yklymov, and Davlatgeldi Annannyyazov. It is believed that Aymuradov and Garayev were arrested solely because of their connections with exiled political opponents. Yklymov, Yklymov and Annannyyazov were arrested, like many others, in connection with the assassination attempt. Aili Yklymov was allegedly beaten up so severely that he is unable to walk. Esenaman Yklymov was reportedly ill- treated while in custody following his first arrest on 25 November. He was released after one day, but re-arrested only three days later. Davlatgeldi Annannyyazov was ill- treated by agents of the Security Service in order to extract a confession implicating one of his brothers, a political opponent currently living in Norway.

Also, according to the Report of the Special Rapporteur, Saparmurad Yklymov's 75-year old mother was evicted from her house in the capital Ashgabat shortly before midnight on 27 November and her property was confiscated.

A recent report by the Organization for Security and Cooperation in Europe (OSCE), in addition to questioning the credibility of Niyazov's account of the assassination attempt, also expresses grave concern for the manner in which these convictions were obtained. According to the OSCE, foreign observers were denied access to the tribunals and prisoners were denied access to counsel and held in communicado. These practices are violations of OSCE commitments and the Turkmenistan Constitution. Article 105 of the Turkmenistan Constitution states that "[i]n all courts, trials are open. Closed hearings for a case are only allowed when anticipated by law and with adherence to all rules of legal procedure."

Furthermore, the OSCE has noted that "[i]t seems obvious that the accused were tortured. Images of stereotyped public confessions read in a monotone way evoke moral and physical mistreatments during the questioning." Acts of torture are also clear violations of the Turkmenistan Constitution as well as recognized human rights norms. Article 21 § 2 of the Turkmenistan Constitution provides that "[n]o one may be subjected to torture or cruel, inhumane, or degrading treatment or punishment, or, likewise, be subjected without her or his consent to medical or other experiments."

The crackdown following the assassination attempt also targeted other members of civil society. Farid Tukhbatullin, head of the Dashaauz Ecological Club, was tried, convicted and sentenced in a mere four hours on 4 March 2003 of charges related to his involvement in an international human rights and democracy conference. This type of action by the Turkmenistan government may amount to a violation of the due process of law, and is evidence of Niyazov's desire to use the assassination attempt as an excuse to target other members of civil society that he does not favour.

Niyazov has helped ensure the strong grip of his rule by suppressing independent media outlets and generally restricting freedom of expression. While there are roughly 10 Turkmen-language newspapers, and one Russian-language newspaper, the government provides almost all of their funding and heavily censors them. No criticism of the government in general, and of Niyazov in particular, is allowed in these publications.

The only available internet service provider is state-owned Turkmen Telecom, and there are concerns that the government monitors internet activity and email. The Committee to Protect Journalists reported that in 2002 the Turkmenistan government "tightened control of the Internet and other outside sources of information, blocking Web sites of an Azerbaijani daily, the Turkmen opposition in exile, several Russian dailies and the Moscow-based Information Analytical Center Eurasia, an independent research organization."

Freedom of expression has been further eroded by legislation enacted in the wake of the purported assassination attempt on Niyazov. On 30 December 2002, the Council of Elders approved Niyazov's new draft law regarding treason. Under the new law, a Turkmen citizen can be charged as a traitor for "encroachments on the life and health of the president," "attempting to sow doubt among people about the internal and foreign policies conducted by the first and permanent president of Turkmenistan, the Great Saparmurat" as well as "encouraging opposition to the state". Such an ambiguously worded law makes writers or speakers of even tangentially critical statements about the state and its President subject to life imprisonment that conviction under the law carries. The broad wording of the statute allows for the government to easily enforce it in a discriminatory manner against those it views as political enemies.

The situation of the press in Turkmenistan led Reporters sans Frotieres to conclude before the 55th Session of the Commission on Human Rights, "The information blackout in Turkmenistan, a veritable bastion of authoritarianism, is total".

While Turkmenistan law theoretically provides for the free exercise of religion the reality under Niyazov is that many religious denominations are oppressed. Under the Law on Freedom of Conscience and Religious Organizations congregations are required to register with the government. According to the International Helsinki Federation for Human rights, only two religious denominations are allowed, Sunni Islam and Russian Orthodox Christianity; all others are effectivly banned, as are non-Turkmen cultural organizations.

For example, on 15 November 2001, the KNB detained more than forty people who had gathered for a service of the Word of Life Church, a Protestant congregation. All forty people were later released, but to obtain such release each person was forced to pay, on average, a fine of approximately one month's wages. In recent years the Turkmenistan police have also dispersed gatherings of Adventist and Baptist congregations. One of the most notorious victims of Turkmenistan religious oppression is Kurban Zakirov, a Jehovah's Witness who is serving an eight-year sentence in a labour camp on what some have seen as trumped-up charges.

During 2002, Turkmenistan was one of the 24 states to receive an urgent appeal from the Special Rapporteur on freedom of religion or belief.

This year's report of the Special Rapporteur notes, "Religious minorities are affected primarily by the threat to their very existence as special communities, as exemplified by…the arrest of Protestants and Adventists in Turkmenistan".

The repression of political dissidents following the alleged assassination attempt indicates that Niyazov is worried about the activity of opposition political parties.

While he has effectively silenced these groups in the short-term, there is modest hope that his strong-arm tactics will backfire in the long-run, fomenting internal political opposition and increasing the political pressure from international human rights organisations as well as diplomatic pressure from other countries.

Such pressure is essential if the citizens of Turkmenistan are to truly enjoy the independence they gained in 1991.