18.03.2010 10:05 msk

Ferghana.Ru

On March 17, the appeal court of Tashkent considered the case of Umida Akhmedova, photographer and film maker. On February 10, 2010, Ms. Umida Ahmedova was found guilty by the Mirabad District Court in Tashkent of "slander" and "insult" of Uzbek people through documentaries and photos. However, after announcing the guilty verdict, the judge said the photographer would be "automatically pardoned under an amnesty, dedicated to 18th anniversary of Uzbekistan’s independence".

Neither Criminal Code nor Constitution assumes criminal liability for the insult and slander against people (individuals) while the parties, affected by Umida’s films and photos, were identified neither by the investigators nor the court of original jurisdiction.

The appeal process in the Yunus-Abad district criminal court was attended by the following judges: Uchkun Kurbanov (chief), Azim Khudoibergenov and Ugila Inomzhanova.

Kurbanov rejected the request of lawyer Sergey Mayorov on inviting the authors of "comprehensive expertise", the original reason of the case. On the other hand, the chief judge allowed the attorney Kasymov to invite his witnesses: the representative of Propaganda and Spirituality center, Uzbekkino state enterprise representative, the chairwomen of mahallah (district) committees, actively involved in the discussion of Umida’s "The Burden of Virginity" documentary, shown at Yoshlar TV.

Responding to the lawyer’s questions, each witness, except for Uzbekkino representative Kuchkarov, had to confirm he/she was not an art expert. Their only argument was the fact that Umida’s art "does not fit the mentality of Uzbek people". The witnesses also failed to identify the slander and insult parts in Umida’s works.

After short discussion, the attorney said that Akhmedova’s guilt was proven and he asks the chief judge to make no changes in the verdict.

After long and convincing speech, referring to the Criminal Code, the Constitution and other laws, the lawyer Mayorov requested to declare Umida Akhmedova not guilty due to absence of crime components.

In her last words Umida said "Dear judge, I totally agree with my lawyer. I do not see myself guilty since I am based on ethnographic point of view. The photo album includes genre style pictures, recognized as art long ago. You are not going to blame the poet because he brings up his childhood and house memories, are you? The normal person can smile and cry…If you quash the sentence you will contribute to the development of visual art in Uzbekistan".

After short break judge Kurbanov said that considering all circumstances, the appeal court of Tashkent found Umida Akhmedova guilty in the incriminated charges. "The verdict against Umida Akhmedova is found reasonable and we uphold the previous decision", he concluded, one more time proving the politically motivated nature of the case.

In the near future Umida Akhmedova and her lawyer are going to file the appeal in the Supreme Court of Uzbekistan or Prosecutor General’s Office. This will be the last chance to appeal from a judgment.

A. Volosevich