Upload
robert-amsterdam
View
985
Download
2
Embed Size (px)
DESCRIPTION
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.
Citation preview
18 August 2011
To: Ms Carolyn Lamm, White & Case, Chairman of the Board of the
American Uzbekistan Chamber of Commerce
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.
2
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