21.02.2025 08:45
How well-founded are the reports that Ustad Mubashshir Ahmad is being charged with a serious crime?
The lawyers of the law firm "VERUM LAW FIRM" will protect the rights and legitimate interests of Alisher Tursunov (Mubashshir Ahmad), a citizen of Uzbekistan, currently residing in Turkey, founder of the "Azon" projects and the "Azon Global" information and analytical portal, and Chairman of the Board of Trustees of the "Azon" Foundation of the Peoples of Central Asia in Turkey.
Therefore, based on the request of the person making the request on February 19, 2025, to publish on public networks the results of a legal investigation conducted by a law firm regarding the legal validity of information circulating about him on social networks of the Internet, we hereby inform you of the following.
According to documents collected on the basis of the conducted legal questionnaires, A. Tursunov was involved in absentia on August 24, 2023 as a defendant for committing the crime provided for in Part One of Article 244³ of the Criminal Code of the Republic of Uzbekistan - "Illegal preparation, storage, importation into the territory of the Republic of Uzbekistan or distribution of materials of religious content for the purpose of distribution, committed after the imposition of an administrative penalty for such acts."
On social networks, false and unfounded reports are being spread that A. Tursunov, i.e. Mubashshir Ahmad, has been charged with "establishing, leading, or participating in religious extremist, separatist, fundamentalist, or other prohibited organizations" (Article 244² of the Criminal Code) and is wanted.
We would like to inform you that Articles 244² and 244³ of the Criminal Code differ from each other in essence, in their nature and degree of social danger, the object of these articles is different, that is, the crime provided for in Article 244³ of the Criminal Code (according to Article 15 of the Criminal Code) is considered a crime of low social danger, while the second (Article 244² of the Criminal Code) is considered an extremely serious crime, and it is this situation that is raising legitimate questions among people on social networks.
According to copies of official documents currently in our possession, the Investigation Department of the Shaykhontohur District Internal Affairs Directorate of the Federal Migration Service has initiated a criminal case against Alisher Tursunov under Article 244³ of the Criminal Code of the Republic of Uzbekistan (Illegal preparation, storage, import or distribution of materials of religious content).
On 02.11.2022, the Shaykhontohur District Court for Criminal Cases held A. Tursunov administratively liable under Article 184² of the Criminal Code for distributing materials deemed to be "materials of religious content," which led to the initiation of a criminal case.
It is noteworthy that the basis for holding A. Tursunov administratively liable was not the fact that the materials he distributed were inherently illegal, but rather the failure to comply with the procedure for preparing, storing, and distributing religious materials.
After that, the presence of these materials on the channel named "Mubashir Ahmad" on the social network "Telegram" was interpreted as the basis for initiating a criminal case against him.
Since A. Tursunov was not in the territory of the Republic of Uzbekistan at that time, on August 22, 2022, he was charged in absentia under Article 244³ of the Criminal Code, placed on the wanted list, and in case of arrest (regardless of where he was arrested), the precautionary measure of "a certificate of good behavior" was applied.
Although, according to the criminal case documents, A. Tursunov was charged in absentia under Article 244³ of the Criminal Code, the my.gov.uz portal posted incorrect information that A. Tursunov was charged under Article 244² of the Criminal Code and that a wanted person had been declared.
In a written response to a lawyer's request sent to clarify this situation, the Shaykhontohur District Internal Affairs Bureau of the Tashkent City Internal Affairs Bureau issued on June 4, 2024, stating that Alisher Tursunov is actually charged under Article 244³, and that this criminal case has been discontinued in accordance with Paragraph 2, Part 1, Article 364 of the Criminal Procedure Code of the Republic of Uzbekistan.
From the above, it can be seen that, although a case was actually opened against citizen Alisher Tursunov (Mubashshir Ahmad) for committing a crime that did not pose a significant social risk, false information is being disseminated on social media channels that he is accused of committing a very serious crime, creating conditions for "information speculation."
It is worth noting that Article 28 of the Constitution of the Republic of Uzbekistan stipulates that a person accused of a crime shall be presumed innocent until his guilt is proven in a public trial in accordance with the procedure provided for by law and determined by a court verdict that has entered into legal force. Failure to comply with the norms of the Constitution for any reason is a violation of the law.
Also, the "calls" on social media that it is a "crime" to get acquainted with the information in the video and other content under the name "Mubashshir Ahmad" are not based on legal grounds. Information available in open sources is not considered illegal until the receipt, storage, and distribution of that information is restricted by a court in accordance with the procedure established by law.
In addition, according to the defense, it is considered unjustified to hold citizen A. Tursunov liable twice (both administratively and criminally) for the same actions, and complaints have been filed with the competent authorities regarding this.
According to documents collected on the basis of the conducted legal questionnaires, A. Tursunov was involved in absentia on August 24, 2023 as a defendant for committing the crime provided for in Part One of Article 244³ of the Criminal Code of the Republic of Uzbekistan - "Illegal preparation, storage, importation into the territory of the Republic of Uzbekistan or distribution of materials of religious content for the purpose of distribution, committed after the imposition of an administrative penalty for such acts."
On social networks, false and unfounded reports are being spread that A. Tursunov, i.e. Mubashshir Ahmad, has been charged with "establishing, leading, or participating in religious extremist, separatist, fundamentalist, or other prohibited organizations" (Article 244² of the Criminal Code) and is wanted.
We would like to inform you that Articles 244² and 244³ of the Criminal Code differ from each other in essence, in their nature and degree of social danger, the object of these articles is different, that is, the crime provided for in Article 244³ of the Criminal Code (according to Article 15 of the Criminal Code) is considered a crime of low social danger, while the second (Article 244² of the Criminal Code) is considered an extremely serious crime, and it is this situation that is raising legitimate questions among people on social networks.
According to copies of official documents currently in our possession, the Investigation Department of the Shaykhontohur District Internal Affairs Directorate of the Federal Migration Service has initiated a criminal case against Alisher Tursunov under Article 244³ of the Criminal Code of the Republic of Uzbekistan (Illegal preparation, storage, import or distribution of materials of religious content).
On 02.11.2022, the Shaykhontohur District Court for Criminal Cases held A. Tursunov administratively liable under Article 184² of the Criminal Code for distributing materials deemed to be "materials of religious content," which led to the initiation of a criminal case.
It is noteworthy that the basis for holding A. Tursunov administratively liable was not the fact that the materials he distributed were inherently illegal, but rather the failure to comply with the procedure for preparing, storing, and distributing religious materials.
After that, the presence of these materials on the channel named "Mubashir Ahmad" on the social network "Telegram" was interpreted as the basis for initiating a criminal case against him.
Since A. Tursunov was not in the territory of the Republic of Uzbekistan at that time, on August 22, 2022, he was charged in absentia under Article 244³ of the Criminal Code, placed on the wanted list, and in case of arrest (regardless of where he was arrested), the precautionary measure of "a certificate of good behavior" was applied.
Although, according to the criminal case documents, A. Tursunov was charged in absentia under Article 244³ of the Criminal Code, the my.gov.uz portal posted incorrect information that A. Tursunov was charged under Article 244² of the Criminal Code and that a wanted person had been declared.
In a written response to a lawyer's request sent to clarify this situation, the Shaykhontohur District Internal Affairs Bureau of the Tashkent City Internal Affairs Bureau issued on June 4, 2024, stating that Alisher Tursunov is actually charged under Article 244³, and that this criminal case has been discontinued in accordance with Paragraph 2, Part 1, Article 364 of the Criminal Procedure Code of the Republic of Uzbekistan.
From the above, it can be seen that, although a case was actually opened against citizen Alisher Tursunov (Mubashshir Ahmad) for committing a crime that did not pose a significant social risk, false information is being disseminated on social media channels that he is accused of committing a very serious crime, creating conditions for "information speculation."
It is worth noting that Article 28 of the Constitution of the Republic of Uzbekistan stipulates that a person accused of a crime shall be presumed innocent until his guilt is proven in a public trial in accordance with the procedure provided for by law and determined by a court verdict that has entered into legal force. Failure to comply with the norms of the Constitution for any reason is a violation of the law.
Also, the "calls" on social media that it is a "crime" to get acquainted with the information in the video and other content under the name "Mubashshir Ahmad" are not based on legal grounds. Information available in open sources is not considered illegal until the receipt, storage, and distribution of that information is restricted by a court in accordance with the procedure established by law.
In addition, according to the defense, it is considered unjustified to hold citizen A. Tursunov liable twice (both administratively and criminally) for the same actions, and complaints have been filed with the competent authorities regarding this.
