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UA 226/92 - Turkmenistan: death penalty: Bayramgeldy Charyyev

, Index number: EUR 61/002/1992

EXTERNAL (for general distribution) AI Index: EUR 61/02/92
Distr: UA/SC
UA 226/92 Death Penalty 6 July 1992
(name in cyrillic___________ ______)
Amnesty International fears that Bayramgeldy Charyyev may face imminent
execution, having been sentenced to death in Turkmenistan for murder. His
sentence has been upheld by the Supreme Court of Turkmenistan, and a petition
to the President of Turkmenistan for clemency has been turned down.
Bayramgeldy Charyyev was born in 1969, is married, and comes from Gyzylarbat
in the Balkan region of Turkmenistan, where he worked as a shepherd on a state
farm. He was found guilty of the murder of two men and sentenced to death
on 5 November 1991 by the Balkan Regional Court sitting in the city of Nebit
Dag. The sentence was upheld on appeal to the criminal cases collegium of
the Turkmenistan Supreme Court on 15 January 1992, but it has been alleged
that the appeal hearing violated the code of criminal procedure since the
defendant and his lawyer were not present, the lawyer having not been informed
about when the hearing was to take place. A petition to the President for
clemency was turned down apparently in May.
According to the information received by Amnesty International Bayramgeldy
Charyyev was due to be transported on 28 May 1992 from Turkmenistan to a prison
in Tashkent, the capital of neighbouring Uzbekistan, where his sentence was
to be carried out. Before the break-up of the USSR in late 1991 not all republics
had their own places of execution, and it was therefore common for prisoners
sentenced to death in one republic to be executed in a neighbouring republic.
Amnesty International is aware, however, that since the break-up of the USSR
some of the now independent republics have discontinued executions of prisoners
sent from neighbouring republics. It is possible, therefore, that Bayramgeldy
Charyyev's death sentence has not yet been carried out.
Amnesty International opposes the death penalty in all cases and without
reservation, on the grounds that it is a violation of the right to life and
the right not to be subjected to cruel, inhuman or degrading treatment or
punishment as proclaimed in the Universal Declaration of Human Rights. Amnesty
International is appealing to the President of Turkmenistan to reconsider his
earlier refusal and to exercise his constitutional authority to commute the
death sentence passed on Bayramgeldy Charyyev.
To Amnesty International's knowledge, the Criminal Code of Turkmenistan retains
the death penalty for 18 offences in peacetime. Information about the
application of this punishment is meagre in the absence of any published official
statistics. Execution is by shooting.
RECOMMENDED ACTION: Telegrams/express and airmail letters
- urging that President Saparmurad Niyazov reconsider his earlier rejection
of Bayramgeldy Charyyev's petition for clemency, and commute the death
sentence passed on Bayramgeldy Charyyev;
- urging that a moratorium be imposed on death sentences and executions pending
a comprehensive review of the death penalty.
Page 2 of UA 226/92
1. President of Turkmenistan:
g. Ashgabat
Prezidentu Turkmenistana
Telegrams: Turkmenistan, g. Ashgabat, Prezidentu Niyazovu, S.A.
Salutation: Dear President Niyazov
2. Chairman of the Clemency Commission of the Turkmenistan Majlis:
g. Ashgabat
Komissiya po voprosam pomilovaniya Majlisa Turkmenistana
Telegrams: Turkmenistan, g. Ashgabat, Komissiya pomilovaniya Majlisa,
Salutation: Dear Chairman
1. Procurator-General of Turkmenistan:
g. Ashgabat
Prokuratura Turkmenistana
Generalnomu prokuroru
2. Chairman of the Supreme Court of Turkmenistan:
744000 Ashgabat
prospekt Lenina, 18
Verkhovny Sud Turkmenistana
Predsedatelyu ATAYEVU Kh.A.
3. The Minister of Foreign Affairs of Turkmenistan:
g. Ashgabat
Ministerstvo inostrannykh del Turkmenistana
Ministru KULIYEVU A.O.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 17 August 1992.

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