Threat to freedom of speech: Activists speak about a blogger who was imprisoned for 15 days

Hojiakbar Nosirov, the author of the ACTIVIST project, was imprisoned for 15 days on April 8, after he released a video saying that one should not eat yogurt products of a number of brands because they contain carmine (E120).

The Fatwa Center of the Muslim Board of Uzbekistan commented on whether or not it is permissible to consume products containing this substance.

Carmine is a red dye used as a food additive. This substance is obtained from an insect called cochineal, which belongs to the group of semi-rigid wings.

According to the Muslim Board Fatwa panel, eating insects other than locusts is strictly prohibited by scholars of the four sects. But, according to experts and scholars, the substances obtained from insects, including the carmine E120 substance, change their state after passing through certain chemical processes and methods.

“In this regard, the fatwa No. 3240 of the Jordanian Fatwa Committee states the following: “Substances obtained from insects are transformed into other substances by chemical means. This process is called “istikhola” in Islamic law, that is, the change of one substance into another. As a result, impure things lose their qualities and become something else”. 

In this matter, the famous scholar of our Hanafi school, Kamal ibn Humam, said the following in his book “Fathul-Qadir”:

“The Shariah has linked the impurity (of something) to a certain essence. With the disappearance of some qualities of impurity, the essence of impurity also disappears. If all the qualities of impurity are lost, the essence of impurity will also be completely lost. An example of this in a Sharia issue: grape juice is considered pure. (With the passage of time) it turns into khamr (intoxicating drink) and becomes impure. (After time) the wine will turn into vinegar and become pure”.

The European Council for Fatwas and Research decided in its Fatwa No. 19: “The Carmine E120 substance, although of animal origin, undergoes chemical treatment, as a result of which it changes its structure and loses its original properties”.

So, based on the above statements, it is permissible to consume products containing carmine – E120 substance. Although these fatwas were announced by scholars, there are some scholars of our time who recommend to be careful in this matter.

In conclusion, if some people eat products with carmine, taking the side permitted by the scholars, those who follow the path of piety and caution should not blame them. Wallahu a’lam”, the information of the Fatwa Center of the Muslim Board of Uzbekistan reads.

“On-duty article”

Activists of social networks say that the court decision against Hojiakbar Nosirov was unfair, that the blogger was imprisoned for 15 days with the help of “on-duty articles”.

Rasul Kusherbayev believes that the accusation against the blogger is exaggerated. According to the former deputy, the article “disobeying a police officer” attached to the administrative case has turned into “on-duty article” used to imprison the desired person.

“Since when talking about whether a product contains halal or haram substances for Muslims become a source of religious enmity? Why haven’t they been held accountable for a number of sausages and other foods that have been advertised using the word halal?” he asked.

Kusherbayev, reacting to the phrase “yogurt manufacturers can sue the blogger” in the DIA statement, said that law enforcement agencies should not intervene in this process by taking the side of one party.

“Since the article “disobeying a police officer” has become “on-duty article” of some unscrupulous people used to imprison the desired person, it is believed that this article was put in place for “insurance”. If the article of religious enmity is broken, this article should be kept in reserve.

Taking into account the above, it seems that there is more personal enmity than religious enmity in the punishment given to the founder of ACTIVIST project,” Rasul Kusherbayev concluded.

According to lawyer Abdumalik Abdullaev, the DIA statement did not disclose exactly which behavior of the blogger was assessed as failure to comply with the legal requirement of the policeman.

The lawyer also responded to the opinion No. 18-660 of the Committee on Religious Affairs dated April 7, 2023. According to this conclusion, which is the basis of the accusation, some videos of religious content on the ACTIVIST channel contain “ideas that can cause various conflicts and misunderstandings among the population”.

Abdumalik Abdullaev raises the following questions in this regard:

• To what extent do the words “promoting religious enmity” in the disposition of Article 184-3 of the Administrative Responsibility Code and the words “ideas that can cause conflict and misunderstanding” in the above expert opinion mean the same thing? Are the words “discord and misunderstanding” and the word “enmity” synonymous?

• If so, has an expert opinion or forensic linguistic expertise been obtained?

“Furthermore, when the court finds him guilty of committing an administrative offense provided for in Article 194-1, it was mentioned that H. Nosirov did not comply with the legal requirements of the DIA staff, such as presenting documents for verification, giving explanations and getting acquainted with work documents.

First of all, H. Nosirov did not fulfill the request of the DIA staff, what kind of document was requested, and in general, to what extent is it legal to request any document from him? What requirement in which law?

Secondly, as long as H. Nosirov has committed a crime, giving an explanation and (or) getting acquainted with the case documents is not his obligation, but rather his right, according to Article 294-1 of the Criminal Code. Isn’t it a little funny that failure to exercise a right is considered failure to fulfill an obligation?! In my opinion, it is quite ridiculous,” Abdumalik Abdullaev said.

“Blogger could have been properly explained”

According to journalist Sanjar Said, the 15-day imprisonment of the author of ACTIVIST project after one video is another organized threat to the freedom of speech in the country.

“Activist, who said that yogurts with carmine substance extracted from red worms are forbidden, was imprisoned for 15 days. The blogger received a light sentence. If it had happened during the previous regime, he would have disappeared.

But is it a fair verdict? One blogger is opposed by a committee, office, MIA, a court – how acceptable is it?

What about the committee’s conclusion that he “spread ideas that could cause discord and misunderstandings among the population”? Isn’t the punishment applied against the blogger too harsh?

In fact, the blogger could have been properly explained and rebutted. These actions increase the pressure and tension in the society, which does not lead to good at all. 

The ACTIVIST case is nothing more than another organized threat to freedom of speech in the country,” he said.

“Most of those accusing Hojiakbar did not watch the whole video”

Blogger Olimjon Haydarov reacted to the fact that some people are accusing the author of ACTIVIST of issuing a fatwa on social networks.

“Most of the people who posted like that didn’t even watch the whole video. When they saw the video, they would not make such a post, because Hojiakbar did not issue a fatwa in the video. He only warned that the substance listed as not halal in the International Islamic Fatwa Centers and their websites is in this yogurt.

 Sometimes the public causes harm to activists due to their thoughtless actions,” he said.

He welcomed Hojiakbar Nosirov’s project 

“Active public representatives like Hojiakbar are now performing the duty of conscience of the nation and the people. Because of such projects, people learn to demand their rights, recognize their rights, and conscience is formed,” Olimjon Haydarov wrote.

For information, 26-year-old Hojiakbar Nosirov’s ACTIVIST project has collected more than 500,000 subscribers on YouTube in less than a year. It conducts public monitoring of compliance with trade rules in stores. In particular, he is against the sale of products that are expired, harmful to consumer health, and publishes videos of this process on its channel.