Mubashshir Ahmad’s lawyers: He is not accused of a serious crime

Lawyers have denied the information, confirmed by the MIA, that renowned religious scholar Alisher Tursunov, known as Mubashshir Ahmad, is accused of committing a serious crime.

On February 19, reports surfaced on social media claiming that Mubashshir Ahmad had been placed on a wanted list. MIA spokesperson Shohruh Giyosov confirmed this to Kun.uz, stating that he was charged under Article 244-2, Part 1, of the Criminal Code (Creation, Leadership, or Participation in Religious Extremist, Separatist, Fundamentalist, or Other Prohibited Organizations).

Giyosov refrained from disclosing when the search warrant was issued, citing it as part of the investigation process, and did not clarify whether there were additional charges against him.

On February 21, Alisher Tursunov’s lawyers contacted Kun.uz and stated that the claims regarding their client’s alleged involvement in a serious crime were baseless.

It was revealed that in August 2023, Tursunov was charged under Article 244-3, Part 1, of the Criminal Code, which pertains to the unauthorized preparation, storage, import, or distribution of religious materials. This is considered a low-risk offense in terms of social harm.

Lawyers pointed out that reports based on the MIA press secretary’s statement, claiming that Tursunov was accused under Article 244-2 and was on a wanted list, were incorrect.

“In response to a lawyer’s inquiry, the Shaykhontohur District Department of Internal Affairs issued a letter on June 4, 2024, confirming that Alisher Tursunov was actually charged under Article 244-3. Furthermore, the case was suspended based on Article 364, Part 1, Clause 2, of the Criminal Procedure Code,” the statement read.

There is a significant difference between the crime under Article 244-3, which Tursunov is actually charged with, and Article 244-2, which was reported in the media.

“Articles 244-2 and 244-3 of the Criminal Code differ fundamentally in nature, characteristics, and level of social danger. While Article 244-3 is classified as a low-risk crime under Article 15 of the Criminal Code, Article 244-2 is considered a particularly serious offense. This misrepresentation has led to justified concerns among the public on social media.”

According to official documents in the lawyers’ possession, the Shaykhontohur District Department of Internal Affairs’ Investigative Division has initiated a criminal case against Alisher Tursunov under Article 244-3 for the unlawful preparation, storage, import, or distribution of religious materials.

The basis for the criminal case was that Tursunov had previously been administratively punished on November 2, 2022, by the Shaykhontohur District Court for distributing materials classified as “religious content.”

However, it was emphasized that the administrative penalty was imposed not because the materials themselves were illegal but due to violations of regulations regarding the preparation, storage, and distribution of religious materials. After this administrative ruling, MIA officials used the presence of these materials on the “Mubashshir Ahmad” Telegram channel as grounds to initiate criminal proceedings against him.

In November 2023, the Shaykhontohur District Court rejected the Tashkent City Prosecutor’s request to impose a pretrial detention measure in absentia against Alisher Tursunov.

“As Tursunov was not present in Uzbekistan at that time, an absentee charge under Article 244-3 was issued against him on August 24, 2023, and he was placed on a wanted list. If detained, regardless of the location, he would be subjected to a ‘written commitment of proper conduct’ as a precautionary measure.”

“From the above, it is clear that while a case has been initiated against Alisher Tursunov (Mubashshir Ahmad) for a low-risk offense, false claims have been spread on social media accusing him of committing a serious crime, leading to ‘informational speculation.’”

It should be noted that, according to Article 28 of the Constitution of the Republic of Uzbekistan, an individual accused of a crime is presumed innocent until proven guilty in a transparent court proceeding and convicted by a legally binding court decision. Any failure to adhere to constitutional principles constitutes a violation of the law,” Tursunov’s defense team stated in their response to Kun.uz.

Additionally, the lawyers emphasized that allegations suggesting that accessing content from the scholar’s pages constitutes a “crime” are not legally justified. They also argued that subjecting Tursunov to both administrative and criminal liability for the same actions is legally unfounded and have filed complaints with the relevant authorities regarding this matter.

Previously, MIA spokesperson Shohruh Giyosov had confirmed that religious scholar Mubashshir Ahmad was accused under Article 244-2, Part 1, of the Criminal Code for establishing, leading, or participating in religious extremist, separatist, fundamentalist, or other banned organizations and that he had been placed on a wanted list.

Mubashshir Ahmad has been residing in Türkiye for several years. At the end of 2023, he was detained by Turkish police at his residence. However, the charges against him were not substantiated, and he was subsequently released.