AI and HRW address criminal prosecution of Emir-Usein Kuku, Ethnic Crimean Tatar Human Rights Defender and His Five Co-defendants

June 22, 2020

On 19 June 2020 Human Rights Watch and Amnesty International addressed a joint letter to Russia’s Prosecutor General

….We write to you to express our concern about the unfounded criminal prosecution and imprisonment of Emir-Usein Kuku, an ethnic Crimean Tatar human rights defender from Crimea, and his five co-defendants – Muslim Aliev, Vadim Siruk, Enver Bekirov, Arsen Dzhepparov and Refat Alimov. They were convicted and sentenced on 12 November 2019 to prison terms ranging from seven to 19 years on groundless terror-related charges. On 22 June 2020, their appeal against the decision will be considered by the Military Court of Appeals.

All six men should be immediately and unconditionally released, with their convictions and sentences quashed, and we call on you to take all necessary measures in your authority to ensure this happens. This case exemplifies the persecution of human rights defenders and other activists in Crimea.

Amnesty International considers Emir-Usein Kuku, who has been sentenced to 12 years in prison, and all his co-defendants prisoners of conscience.

The terrorism-related charges against Emir-Usein Kuku and his co-defendants stem from accusations of membership of Hizb ut-Tahrir, an organization banned as “terrorist” in the Russian Federation (Article 205.5 of the Criminal Code of the Russian Federation), but not in Ukraine. All six have also been accused of conspiring to seize power by violent means (Article 278 of the Criminal Code of the Russian Federation).

…..

Emir-Usein Kuku is a member of the Crimean Human Rights Contact Group – a grassroots initiative created to monitor investigations into enforced disappearances in Crimea. As a human rights defender, Emir-Usein Kuku was continually harassed and threatened by the Russian authorities prior to the launch of the criminal proceedings against him, an indication that his prosecution is politically motivated and intended to stop his legitimate human rights activities.

When Emir-Usein Kuku joined the Crimean Human Rights Contact Group in October 2014, his activities soon brought him to the attention of the FSB, and according to him one of their officers unsuccessfully tried to recruit him as an informant on several occasions. The officer allegedly threatened Emir-Usein Kuku with reprisals, including criminal prosecution, for his refusal to cooperate.

On the morning of 20 April 2015, several FSB officers attacked Emir-Usein Kuku from behind while he was on his way to work, and severely beat him. They repeatedly kicked and punched him in the head, torso and kidney area. Then, in front of witnesses, they placed him in a vehicle and drove him to the local FSB headquarters where he was interrogated. He was later released without charge and they brought him back to his house.

On 11 February 2016, FSB officers arrested Emir-Usein Kuku at his house and detained him for questioning. On 12 February, Emir-Usein Kuku was charged under Article 205.5 of the Criminal Code of the Russian Federation (“membership of a terrorist organization”) and placed on remand. Kuku has been in detention since that date – over four years and four months.

On the same day, the FSB detained Muslim Aliev, as well as Vadim Siruk and Enver Bekirov, who are accused of membership of the same group. On 18 April 2016, the FSB detained Arsen Dzhepparov and Refat Alimov as part of the investigation of the same case. All six deny any involvement with Hizb ut-Tahrir and the charges against them.

…… Under international fair trial norms, civilians should not be tried before military courts. We call on you to take all necessary steps to address the human rights violations suffered by Emir- Usein Kuku and his co-defendants, Muslim Aliev, Enver Bekirov, Vadim Siruk, Arsen Dzhepparov and Refat Alimov, including harassment, their transfer from Crimea to the Russian Federation in violation of the international humanitarian law, and their ultimate unsound and wrongful conviction following an unfair trial. Emir-Usein Kuku and his five co-defendants must be immediately and unconditionally released, with their convictions and sentences quashed.

Marie Struthers, Director, Eastern Europe and Central Asia Regional Office, Amnesty International

Hugh Williamson, Director, Europe and Central Asia Division, Human Rights Watch

https://www.hrw.org/news/2020/06/22/joint-letter-human-rights-watch-and-amnesty-international-russias-prosecutor

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