09 Mar A deaf family is kicked out from their own house
Photograph: Tatyana Dovlatova
A family of five deaf people is kicked out of their own house in Tashkent region wrote AsiaTerra yesterday on 8 March 2020. A resident of Zangiata district Tatyana Zhilkina, with a 2nd group of disability since childhood, who is being evicted from her own house together with her family directly to street, filed a complaint with the Tashkent regional civil court as well as with the Prosecutor General’s Office of Uzbekistan. Tatyana herself including her husband and three children are all deaf.
Earlier last week Tashkent-based human rights activist Tatiana Dovlatova published her appeal on Facebook:
“To the Prosecutor General of Uzbekistan
Regional Civil Court
From Tatyana Zhilkina
From a disabled person of the 2nd group of disability since childhood (deaf)
Zangiata district Sohibkor mahalla
St. Sohibkor House 2
Tel: Sign-language interpreter Zulfiya 90 92 716 82
IN THE EXERCISE OF SUPERVISORY POWERS
I request you to consider my complaint about the illegal seizure of my house, in which I and my husband have been living together for many years at the above address. My husband and my three children are also disabled people of the 2nd group of disability (deaf).
This living space and land was inherited for lifetime use from my father (will) Peregudov A.M. born in 1932.
My father worked at Tashgorpes [Tashkent City Electric Networks Enterprise] from 24.06.1969 to 27.10.1982, where he received this land and living space in 1971. In 1993 he privatized it. I have been living at this address since my birth in 1974.
This land has never belonged to a private entrepreneur Agrofirm Kuylyuk. I request to make an inquiry to find out when they were registered?
However, the hokim [governor] of the Zangiata district A. Tamikayev in collusion with the manamgement of the Agrofirm Kuylyuk, cancel the decision of the hokim dated April 2, 1998 No. 161-B and No. 928 dated July 24, 2008, point 2 and declare it as illegal and require us, disabled people, to be expelled to the street. Why?
While our president, Shavkat Mirziyoyev, is fighting corruption, allocating financial resources and issuing laws that should in every way support the unprotected sections of the population and disabled people including us.
The hokim and judge D. Kh. Murodov do not reckon with the fact that my whole family is disabled of the 2nd group of disability since childhood.
Despite the fact that on my part documents were submitted to the court, the state order No. 016-091 dated June 21, 1993 on the right of personal ownership of the house.
The Zangiata District Civil Court makes a decision of December 13, 2019 to evict my family into the street. In addition, the judge violated all procedural rules: the hearing was in the state Uzbek language and without the presence of a sign-language interpreter. I have not been declared my rights. They didn’t even give me a statement of claim from the plaintiff of the Agrofirm Kuylyuk; I am already silent about the summons. Therefore, I don’t know what was discussed and what decision was made at the trial. Judge Murodov also issued the court decision in the state language. My rights under the law were not explained to me, they did not tell me that I have the right to file an appeal within 20 days. Therefore, we did not use our right to appeal (emphasis added).
And all this is happening in a democratic state, where the constitution stipulates that Uzbekistan is a humane democratic state WITH THE RULE OF LAW, striving to ensure a decent life for the citizens of the republic.
Our family lived this worthy life for 50 years, and now thanks to judge D. Kh. Murodov, our family of disabled people of the 2nd group by hearing, “worthily” was thrown into the street to die … So our life is worth nothing?
Dear Prosecutor of Uzbekistan!
I ask you to restore justice, protect our rights:
- To cancel the unlawful decision of the court of the Zangiata district of 12/13/2019
- As regards Judge D.Kh. Murodov and the hokim of the Zangiata district A. Tamikayev institute criminal proceedings.
I want to notify you that the 1st deputy hokim of the Zangiata district, citizen Mavlyanov is already under arrest. Probably not for nothing?
- Archival certificate 3 sheets
- The decision of the hokim A. Tamikayev dated November 20, 2019 No. 9584 1 page
- The decision of hokim A. Tamikayev dated 06/18/2019 No. 4133 6 pages
- State warrant 016-01 / 2063 dated June 21. 1993 + 6 pages Plan
- The protest of the prosecutor of the Zangiata district N.A. Abdullayev of January 7, 2020. 2 pages
- Decision of Judge D. Kh. Murodov 6 pages
A disabled person of the 2nd group of disability Tatyana Zhilkina, March 5, 2020.”
Although Uzbekistan signed the United Nations Convention on the Rights of Persons with Disabilities in February 2009, it is remaining as one of the few countries which has not ratified it yet. Article 13 – Access to Justice of UNCRPD requires the state parties to “ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.”
However, Tatyana Zhilkina’s case explicitly shows that the courts in Uzbekistan are remaining inaccessible for disabled citizens without any provision of reasonable adjustments in the form of sign-language interpretation services. Moreover, there is a high probability that the court buildings are not accessibility for citizens with physical impairments and reduced mobility. Oybek Isakov, Chairperson of the Association of Disabled People of Uzbekistan, says that the Association worked on the new draft law “On the Rights of Disabled People” in Uzbekistan and included the requirement of making courts accessible for disabled people. But according to available information this requirement was removed from the draft law and the fate of the new disability legislation is not known yet.