The Rozikova sisters became key organisers in
a campaign of civil and legal resistance to the
compulsory acquisition of homes, and the associated
demolitions and forced evictions. Dilorom spent five
months in detention and was later sentenced to two
years of restriction of freedom.
Following protests organised by affected homeowners,
a letter from the Samarkand Prosecutor’s Office to
the new hokim of Samarkand, Furkat Rakhimov, states
that the decree issued by his predecessor violated
residents’ private property rights, which are enshrined
in the constitution and national legislation; it requires
consent from private property owners.105 The letter
explains: ‘However, although the mayor’s decision
indicated that the consent letters of the residents
of the houses were received, in reality, 25 of the 60
apartment owners had not given the consent letters,
and their legal rights to private property were violated.’
The Prosecutor General therefore requested that ‘this
decision should be annulled on the grounds that it was
issued contrary to the requirements of the current law’.
The initial decision of the Samarkand city mayor
(1510-K) was in fact cancelled by decree no.1755-K,
issued by the new Samarkand mayor Furkat Rakhimov
on 14 October 2017.106 The decree notes consent from
property owners was not obtained, as required in law.
It confirms that consideration of the original proposal
will only take place after full consent of citizens
residing in homes situated in buildings 43, 45, 47
and 49 Navoishoh Avenue has been obtained in the
prescribed manner.
Image: Dilorom Rozikova
Source: Hook Report
Following the 14 October 2017 mayoral decision, the
developer filed a legal suit against homeowners with
the Samarkand City Civil Court, requesting that the
court invalidate mayoral decision no. 1755-K.107 The
developer alleged that the compensation requested
by residents opposed to moving was unreasonable
and disproportionate. It was also alleged that the
protest of the Prosecutor’s Office was incorrect and
unreasonable. The developer claimed the apartment
blocks were in an emergency state.
The Civil Court appears to have accepted the case
wrongfully, as the acts of government have to be
challenged in Administrative Courts. Subsequently,
the municipality had to be a defendant. This is a clear
violation of the procedural law by the principal civil
law judge.
Not all residents opposing the eviction were able to
appear before the Civil Court, including residents
from building 49. Residents from blocks 45 and 47 who
gave evidence at the trial did complain about lack of
consultation and inadequate compensation. Others
noted that they did not want to move, contesting
the developer’s allegation that the blocks were in an
emergency state.
Presiding Judge Norov delivered a decision that partially
invalidated the municipality decree no. 1755-K. The
judgement states that buildings 45 and 47 could not be
demolished as consent had not been given by residents.
However, the judge was content that residents had
given consent with regard to buildings 43 and 49.
Image: Bayramali Norov, former principal judge of
Samarkand city and later Samarkand region
Source: Zarnews.uz
105.
38 A False Sense of Legality
Letter from Provincial Prosecutor F.M. Zufarov to mayor of Samarkand,
F.J. Rakhimov, 7 October 2017.