Three underage pupils of a family orphanage were allegedly forced into intimacy with the heads of the provincial department of justice and district department for emergencies in the Khorezm region. As a result, the orphanage director was sentenced to 5.6 years of imprisonment. The other officials received a restriction of freedom and got released, Gazeta.uz reported on April 1. The court session, which considered the case initiated against the head of the orphanage and the leaders of two departments, was held in September 2022.
In particular, the head of a family orphanage allegedly forced three minors to have an affair with the officials for financial gain, Nemolchi.uz stated on March 31.
'For example, in early May 2021, she chose A., who was not even 16 years old, and forced her to sleep with one of her acquaintances. The girl did not want to do this, she resisted, but then the manager forced her to bring a rolling pin from the kitchen and began to beat the girl's little brother in front of other children. Having broken the girl's will, the manager later forced her to sleep with all the men with whom she ordered,' Nemolchi.uz reports.
A few weeks later, the 17-year-old girl named R. was allegedly deprived of food and isolated from other children. The girl was also forbidden to go out.
A month later, in June 2021, the head of the regional justice department allegedly again asked the orphanage principal to organize meetings with A. and D., aged 15 and 16.
The head of the department of emergencies also promised the director of the orphanage to help solve her problems. In early May, he donated a children's sofa, a wardrobe, and a kitchen table and gave the children sweets.
Aged 15 and 17, other orphanage teenagers were also forced into affairs.
At the trial, all the defendants claimed that 'the girls did so of their own volition and were not forced by anyone,' the report reads.
In September, the court of first instance sentenced the head of the children's home to 5 years and six months imprisonment under «a» paragraph 3 of article 135 (human trafficking committed against a person known to be under 18 years of age), section «r» part 2 of article 167 (embezzlement by appropriation or embezzlement by abuse of official position) and article 209, part 1 (forgery) of the Criminal Code of Uzbekistan.
Heads of the Department of Justice and Department of Emergency Situations were found guilty of crimes under article 128, paragraph 1 (sexual intercourse or satisfaction of sexual need in an unnatural form with a person known to be under 16), and the old version of article 128 1 (engaging in sexual intercourse with a person between the ages of 16 and 18 by providing him with property or gain) Penal Code.
They were sentenced to one year and six months imprisonment. They are not allowed to leave their homes from 22:00 to 6:00, nor are they allowed to move without the approval of the probation authorities, nor are they allowed to leave their region of residence.
In December 2022, the court of appeals upheld the verdict.
Articles of the Criminal Code under which the perpetrators were convicted:
Article 128 of the Criminal Code (sexual intercourse with a person under the age of 16) is punishable by compulsory community service of up to 480 hours or correctional labor of up to 3 years or by restriction of liberty from 1 to 3 years or imprisonment from 1 to 3 years.
Article 128 1 of the Criminal Code (sexual intercourse with a person between 16 and 18 years of age through the provision of wealth or property gain) shall be punishable by compulsory community service for up to 300 hours or correctional labor for up to 2 years or by restriction of liberty for up to 2 years or imprisonment for up to 2 years.
Paragraph «a» of paragraph 3 of article 135 of the Criminal Code (human trafficking committed against a person known to be under 18 years of age) is punishable by deprivation of liberty from 8 to 12 years.
Paragraph «r» of Part 2 of Article 167 CC (embezzlement by appropriation or embezzlement by abuse of official position) shall be punishable by a fine of 100 to 300 BR or by compulsory community service of 480 or corrective labor of up to 2 years or by restriction of liberty from 2 to 5 years or imprisonment of up to 5 years.
Article 209, part 1, PC (forgery) - is punishable by a fine of 100 to 300 BR or deprivation of a particular right for up to 5 years or compulsory community service up to 360 or correctional labor for up to 2 years, or restriction of liberty from 1 to 2 years or imprisonment up to 3 years.
The press service of the Supreme Court informed the media that the case was considered in closed court and the details of the process could not be disclosed.
Uzbekistan's Ministry of Justice said in its statement that it takes regular measures to ensure that the employees working in the system, especially the leaders, refrain from any actions that may damage the reputation of the civil servant and that they comply with the moral norms established by the society. At the same time, there is limited ability to monitor the compliance of thousands of employees during non-working hours.
'We were deeply shocked by the actions of the head of the regional department of the ministry, which are not in line with the laws, ethics, and values mentioned in the news spread on social networks. He was relieved of his post after we learned of this criminal act. However, an appropriate court verdict was issued against him, and he was held criminally liable.
According to the legislation, the courts conduct their activities independently of the officials of state bodies and organizations and issue their judgments independently. Therefore, the Ministry of Justice does not have the authority to interpret the judgment against the former employee.
It should be noted that, recently, the legislative chamber of the Oliy Majlis adopted a set of amendments aimed at protecting women and minors from violence after consultation with representatives of the general public.
Based on these changes, accountability for sex offenders is strengthened, and mitigating circumstances, including parole, is prohibited for these individuals.
This law is currently being prepared for consideration in the Senate.
The Ministry of Justice declares that it is ready to cooperate with all activists in improving the legislation to strengthen the legal protection of women, especially minors and those with disabilities, the statement reads.
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