Reflecting then on the evidence of this case, and the
outcome of the subsequent litigation, a number of
conclusions can be drawn:
• The rights of private property owners violated by
decree 1510-K were ultimately not protected by
the courts. By contrast, the alleged violations of the
developer’s rights created by decree 1510-K, and by
subsequent decree 1755-K, were partially upheld by
the courts.
• The initial Samarkand city decree ordering the
eviction of residents and demolition of their homes
appears to be illegal on the grounds that there was
no public purpose, the land was not first forfeited by
the authorities and transferred into the public land
fund, there was an absence of a city master plan, and
consent was not provided by property owners.
• The Samarkand Administrative Court stated that
decree 1510-K did not violate residents’ rights.
It reached this conclusion on the basis of flawed
conclusions of fact made by the Civil Court when
deliberating on the alleged violations of the
developer’s right by decree 1755-K. The Supreme
Court refused to review the decree on the grounds
that the Administrative Court had already heard and
decided that matter, a decision that in turn accepted
a previous decision of the Civil Court, the factual
grounds of which were overturned on appeal at the
Civil Court of Appeal.
• Constitutional and legal protection of private
property requires consent before the property
can be acquired for public need. In this case, it was
not given by a notable number of residents. This
was made clear in successive letters issued by the
Samarkand Prosecutor General.
• Initially, the Civil Court and Civil Court of Appeal
upheld defences against eviction made by residents
on the grounds of lack of consent. It was also
noted by the courts that there was no master plan
or building permit approval. The matter was later
returned to the same courts to consider the same
matters, but this time with the Samarkand mayoral
administration attached as a party. In this second
procedure, the courts upheld the evictions without
considering the absence of consent (effectively
reversing their previous decision). The other matters
regarding the absence of a master plan or building
permit approval were not mentioned.
• When the Samarkand Prosecutor General was
appointed as the Samarkand city mayor, he joined
the civil litigation, arguing against the legal position
he had previously reached in support of residents
when he was Prosecutor General.
Taken as a whole, residents opposing the compulsory
acquisition of their private property by the state
faced a complex, convoluted and contradictory legal
process. The developer Silk Voyage LLC was given the
chance to comment on the allegation, but no response
was received.
The ultimate eviction of the Rozikova sisters and the
associated demolition took place on the same day,
21 January 2020. During the eviction, Dilorom Rozikova
threw a burning towel towards the employees of the
Bureau of Compulsory Enforcement. No one was hurt.
She was sentenced, however, to restraint of liberty
for one year and seven months for impeding a public
officer during the course of their duties.120
A False Sense of Legality 43