The farmers were locked in a cold room from 6pm
and not allowed to leave until they signed their
statements.148 Having held out until midnight,
Ibragimova, hungry and freezing from the cold and
worried about her children, devised a plan: she agreed
to write the statement as instructed, but omitted the
word ‘land’, thus reading: ‘The reason for writing this
statement is to return to the district reserve.’149
Ibragimova believed the statement would, therefore,
not provide the basis for the seizure of her land,
because it did not make sense, as it did not specify
what exactly Ibragimova wanted to return. Tired police
officers and hokimiyat officials did not read the text of
her statement and she was released. ‘The hokim had no
justifiable reasons for taking the land from the farmers,
otherwise the Hokimiyat would have gone to court and
obtained the cancellation of the long-term land leases
on a legal basis,’ explains Ibragimova.150
However, she discovered that her “application” to
return the land was registered by the Chancellery
Department of the district hokimiyat on 16 January
2019, two days before she attests that she was
pressured to write it. According to Ibragimova, this
proves that the hokimiyat first took the illegal decision
to seize the land and then decided to frame it as a
mass, simultaneous voluntary decision of farmers to
give up their land.151
The district hokim then issued an order stating that
Ibragimov’s “request” to cancel the long-term lease
agreement for the land plot had been accepted.152 The
statement confirmed that the farm would be returned
to the district land reserve and reallocated through an
open and competitive process.
It appears that no-one questioned why, nine days after
the adoption of the Cabinet of Ministers resolution
on land reforms, farmers of the Pop district would en
masse surrender their land. The decision of the Council
of People’s Deputies of 18 January 2019 states that out
149.
of the existing 1,121 farms in Pop district, the heads
of all 538 cotton and grain farms, all 67 horticultural
farms, 296 vineyards/gardens, 86% of livestock farms
(100) and the remaining 104 farms submitted written
statements to terminate their land lease agreements.153
For no apparent reason, all except 16 farmers in Pop
district terminated their land leases.
Ibragimova has attempted to get her land back by filing
lawsuits in the administrative courts to overturn the
decision of the Pop district hokim dated 18 January
2019. Specifically, Ibragimova filed a complaint with the
Namangan region Administrative Court, which heard
the case on 7 September 2021. The court upheld the
order of hokim Azamjon Sultanov on the grounds that
the plaintiff had missed the three-month deadline for
appealing to the Administrative Court.154 In its decision,
the court also stated that the inaccuracy of the text
in Ibragimova’s “voluntary” application to cancel her
land lease was not a matter of substantive importance,
on the grounds that Ibragimova had written the
application as the head of the farm and understood
the essence of her application. The court also noted
that the date of the application, 16 January 2019, was
the result of a procedural error within the district
administration and not grounds to cancel the decision.
On 26 October 2021, the Court of Appeal upheld
the verdict of the first court. Umida Ibragimova then
filed a complaint to the supreme court of Uzbekistan,
which rejected her appeal. The Supreme Court did not
consider the merits of the case, but ruled on the basis
that she had missed the six month deadline to appeal
to the Administrative Court.
According to Ibragimova, more and more farmers and
farm workers from Pop district have left for Russia in
search of work since losing their land and becoming
unemployed. Most of the farmers have reluctantly
accepted the loss of their land and only a handful are
trying to get it back by appealing to the courts and
government officials.
Letter from Umida Ibragimova to Nigmatilla Yuldashev, Prosecutor
General, Republic of Uzbekistan, 17 January 2022.
A False Sense of Legality 51