Furthermore, it appears that IYB shareholder the ADB
accepts the statement from IYB that the connections
between Steel Quality Business and its other
shareholders were a matter of coincidence, and not
indicative of a transaction between affiliated parties.
It appears to be IYB’s contention that by coincidence
Steel Quality Business leased a property from the Alfa
Invest subsidiary, and it was also only by chance that
one of Steel Quality Business’ shareholders would go
on to be a senior executive at Alfa Invest. However,
Abdullatif Husanov, in addition to being an executive
at Alfa Invest, previously served on the board of IYB
shareholder Zamon Plus Sarmoya, dating back to at
least 2017. This suggests that Husanov indeed has a
prior executive relationship with an IYB shareholder
that precedes the loan.
While it is not being asserted that any of the private
parties involved in this development were engaged in
illegal activity, the evidence does point to concerning
weaknesses in the due diligence conducted by IYB. In
particular, IYB failed to identify serious legal shortcomings
in the state-initiated property confiscation and forced
eviction exercise. It is also concerning that IYB denies
any affiliation with Steel Quality Business beyond the
loan arrangement, despite multiple links between
its shareholders and Steel Quality Business. It is also
troubling that the ADB appears to have accepted this
explanation solicited from IYB.
Conclusion
The Niyozbek Yuli Street case points to a number
of factors that will be evident in other case studies
presented in this report. The first factor is the
compulsory acquisition of privately owned homes
by the state through orders that have no apparent
lawful basis, in order to facilitate private real estate
developments. Second, there is the violation of
resident property and human rights by public
authorities. Third, weaknesses in the court system
means that, in effect, residents lack access to a
meaningful remedy, despite receiving notional
support from state agencies with oversight duties
for law and justice. Fourth, residents are under
significant pressure to accept compensation,
with pressure coming from both state authorities
and developers. Fifth, compensation fails to fully
recognise the losses suffered by residents. Sixth,
third parties helping to facilitate private development
are not effectively identifying risks of improper
process before providing support to projects
impacted by forced eviction and compulsory
property acquisition.
The next section examines a case study from
Samarkand that exhibits a number of these
concerning factors.
Both IYB and Steel Quality Business were given the
chance to comment on the claims made by residents
and associated report findings, but no response
was received.
A False Sense of Legality 33