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18 August 2011 To: Ms Carolyn Lamm, White & Case, Chairman of the Board of the American Uzbekistan Chamber of Commerce [email protected] Copy to: Members of the Board of the American Uzbekistan Chamber of Commerce BY EMAIL Dear Ms Lamm, We write this open letter to you on behalf of our client, Oxus Gold plc (Oxus), and in your position as Chairman of the Board of the American Uzbekistan Chamber of Commerce (AUCC) to raise our concerns regarding recent events in the country. We have made the text of this letter open to the public because our client’s past efforts to request action from the AUCC have been met with refusal. On 9 August 2011 an Uzbek military court in closed session convicted and sentenced to 12 years in prison our client’s former chief metallurgist, Mr Saidkul Ashurov, on patently absurd charges of espionage under Article 160 of the Uzbek Criminal Code. The handling of his “trial” did not meet any minimum international standards, the evidence was non-existent, his counsel was barred from communicating information outside of the tribunal, and witnesses were compelled to give false testimony on threats of violence. The Government of Uzbekistan has deprived Mr Ashurov of proper treatment for a pre-existing medical condition and his health is severely compromised. For your information, we enclose a briefing paper providing details of the Uzbek Government’s cruel and inhuman treatment of Mr Ashurov. You may also be aware that the latest U.S. State Department Country Report on Human Rights issued in April 2011 states that human rights problems in Uzbekistan include “denial of due process and fair trial.” The Report goes on to state that the judiciary “often took direction from the executive branch.” Prison conditions, the Report adds, “were in some circumstances life threatening.” Among the mission statements of the AUCC is the goal of advocating “vigorously for the interests of U.S. business in Uzbekistan” and to place its “primary emphasis on serving the needs and interests of its members.” As our client is a long-standing member of the AUCC, we call upon the organization to exercise its stated commitments by raising the issue of Mr Ashurov’s illegal imprisonment to the authorities. Given the organization’s close relationships with the Embassy of the Republic of Uzbekistan in Washington, D.C. as well as the Government of Uzbekistan, we request that the AUCC deliver a letter to these parties demanding the immediate release of Mr Ashurov.

Oxus Lawyers Write to American Uzbekistan Chamber of Commerce

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The following letter was sent by lawyers for Oxus Gold Plc to the Chairperson of the America Uzbekistan Chamber of Commerce regarding the unlawful imprisonment of former employee Said Ashkurov on false charges. The AUCC's refusal to act in defense of its members indicate a conflict of interest given their representation of the Uzbek government.

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Page 1: Oxus Lawyers Write to American Uzbekistan Chamber of Commerce

18 August 2011

To: Ms Carolyn Lamm, White & Case, Chairman of the Board of the

American Uzbekistan Chamber of Commerce

[email protected]

Copy to: Members of the Board of the American Uzbekistan Chamber of

Commerce

BY EMAIL

Dear Ms Lamm,

We write this open letter to you on behalf of our client, Oxus Gold plc (Oxus), and

in your position as Chairman of the Board of the American Uzbekistan Chamber of

Commerce (AUCC) to raise our concerns regarding recent events in the country. We

have made the text of this letter open to the public because our client’s past efforts

to request action from the AUCC have been met with refusal.

On 9 August 2011 an Uzbek military court in closed session convicted and

sentenced to 12 years in prison our client’s former chief metallurgist, Mr Saidkul

Ashurov, on patently absurd charges of espionage under Article 160 of the Uzbek

Criminal Code. The handling of his “trial” did not meet any minimum international

standards, the evidence was non-existent, his counsel was barred from

communicating information outside of the tribunal, and witnesses were compelled to

give false testimony on threats of violence. The Government of Uzbekistan has

deprived Mr Ashurov of proper treatment for a pre-existing medical condition and

his health is severely compromised. For your information, we enclose a briefing

paper providing details of the Uzbek Government’s cruel and inhuman treatment of

Mr Ashurov.

You may also be aware that the latest U.S. State Department Country Report on

Human Rights issued in April 2011 states that human rights problems in Uzbekistan

include “denial of due process and fair trial.” The Report goes on to state that the

judiciary “often took direction from the executive branch.” Prison conditions, the

Report adds, “were in some circumstances life threatening.”

Among the mission statements of the AUCC is the goal of advocating “vigorously

for the interests of U.S. business in Uzbekistan” and to place its “primary emphasis

on serving the needs and interests of its members.” As our client is a long-standing

member of the AUCC, we call upon the organization to exercise its stated

commitments by raising the issue of Mr Ashurov’s illegal imprisonment to the

authorities. Given the organization’s close relationships with the Embassy of the

Republic of Uzbekistan in Washington, D.C. as well as the Government of

Uzbekistan, we request that the AUCC deliver a letter to these parties demanding

the immediate release of Mr Ashurov.

Page 2: Oxus Lawyers Write to American Uzbekistan Chamber of Commerce

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Be clear, Madam Chairman, that the arrest and detention of Mr Ashurov has arisen

in the context of a full-fledged attack against an AUCC member. Oxus has been

forced to declare force majeure on its operations after an “audit team” was

dispatched to the premises of Oxus in Uzbekistan with instructions to cease all

communication between the mining facilities and Oxus’ staff. Employees of the

joint venture entity were threatened with jail if they communicated with their

employer. For all intents and purposes it appears as if the Uzbek Government has

literally stolen Oxus’ investment in its entirety and when the Chairman of Oxus

sought your help, you declared neutrality.

It has been reported to us that you have in the past been providing legal services for

the Government of Uzbekistan or affiliated entities. If this is indeed the case, we

query if you are the appropriate officer within the AUCC that should be vested with

the decision-making power on whether the AUCC intervenes on behalf of our

client?

Clearly the recent conduct of the authorities poses a grave threat to foreign

investment, yet we have been informed that your organization intends to issue a

letter applauding and congratulating the Uzbek Government on its success for 20

years of independence, while ignoring grave human rights abuses and government-

sponsored corporate raiding against businesses and members of the AUCC.

Considering the circumstances created by recent events, such a letter of

congratulations cannot be considered neutral, but rather as a complicit endorsement

of Uzbek conduct.

In fact, it would appear that the least that the AUCC can do, is to support the fair

trial provisions contained in Article 10 of the Universal Declaration on Human

Rights which binds Uzbekistan as customary international law. In addition,

Uzbekistan has been a party to the International Covenant on Civil and Political

Rights since 1995 and is thus obligated to respect the ICCPR Article 14 guarantee of

a fair trial.

We look forward to hearing your response to these pressing issues, and are ready

and available to provide all necessary background material, evidence, and facts to

answer any questions.

Sincerely,

Robert R. Amsterdam

Counsel to Oxus Gold plc

Enclosure: Briefing Paper on Mr Saidkul Ashurov