Urgent Action 6-12-10

URGENT ACTION APPEAL
- From Amnesty International USA

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http://www.amnestyusa.org/actioncenter/actions/uaa12910.pdf

11 June 2010

UA 129/10 Risk of torture/ Risk of Ill-treatment

KAZAKHSTAN 24 Uzbekistani refugees and asylum-seekers:

Muhitdin Gulamov (m) Shuhrat Botirov (m)
Abror Kasimov (m) Nigmatulla Nabiev (m)
Otabek Sharipov (m) Toirzhon Abdusamatov (m)
Ahmad Boltaev (m) Suhrob Bazarov (m)
Kobilzhon Kurbanov (m) Uktam Rahmatov (m)
Oibek Kuldashev (m) Sirozhiddin Talipov (m)
Ulugbek Ostonov (m) Faizullohon Akbarov (m)
Oibek Pulatov (m) Sarvar Hurramov (m)
Maruf Juldoshev (m) Dilbek Karimov (m)
Olimzhon Holturaev (m) Akmalzhon Shodiev (m)
Bahtijor Nurillaev (m) Tursunbaj Sulaimanov (m)
Bahriddin Nurillaev (m) Hurshid Kamilov (m)

A group of 24 Uzbekistani refugees and asylum-seekers have been detained on 9 June and are at imminent risk of forcible return from Kazakhstan to Uzbekistan, where they would be at risk of torture or other ill-treatment.

The 24 refugees and asylum-seekers, all men, fled due to fear of persecution for their affiliation to religious groups banned in Uzbekistan. They have been arrested by security forces on 9 June during early morning raids on their homes in the southern city of Almaty. The Almaty city prosecutor’s office told the wives of the detainees on 10 June that they face extradition to Uzbekistan on charges of membership of illegal religious or extremist organizations and charges of attempting to overthrow the state. The families say that the men are pious Muslims who worship outside state-approved mosques in Uzbekistan, but deny that they have been involved in violent attempts to overthrow the state.

Eleven of the men were due to have their asylum applications examined on 10 June by a newly established State Committee responsible for assessing asylum applications. The rest had been given refugee status by the Office of the UN High Commissioner for Refugees (UNHCR) in Almaty and were awaiting resettlement to a safe third country.

At least 45 men and one woman, all refugees and asylum-seekers from Uzbekistan, were detained in the raid. Twenty-one were released later the same day following lengthy interrogations by migration police. Those released and several of the relatives of those still in custody told human rights defenders and journalists that security forces had threatened them and their families during the raids and accused them of being terrorists. They also said that security forces beat and kicked some of the men, and confiscated mobile phones, computers, books and other personal items. Security forces reportedly failed to produce search warrants and forced their way into the homes. Families and lawyers have not been able to gain access to the 24 detained men and the authorities have not confirmed their whereabouts.

BACKGROUND INFORMATION
The Uzbekistani authorities continue to actively seek the extradition, in the name of national security and the fight against terrorism, of members or suspected members of Islamic movements or Islamist parties banned in Uzbekistan, from neighboring countries. Most of those forcibly returned to Uzbekistan are held incommunicado, increasing their risk of being tortured or otherwise ill-treated.

In April 2008, the European Court of Human Rights ruled in the case of Ismoilov and Others VS Russia that the extradition of 12 refugees from Russia to Uzbekistan “would give rise to a violation of Article 3 [prohibition of torture] as they would face a serious risk of being subjected to torture or inhuman or degrading treatment there.” The Court also stated that it was “not convinced by the Government's argument that they had an obligation under international law to cooperate in fighting terrorism and had a duty to extradite the applicants who were accused of terrorist activities, irrespective of a threat of ill-treatment in the receiving country” and reiterated that “even in these circumstances, the Convention prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the victim's conduct.” The Court also was “not persuaded that the assurances from the Uzbek authorities offered a reliable guarantee against the risk of ill-treatment” in this case. The 12 refugees were accused by the Uzbekistani authorities of being members of an illegal Islamist group.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Urging Kazakhstani authorities not to forcibly return refugees and asylum-seekers to Uzbekistan, as they are likely to face torture and other serious human rights violations if returned;
- Calling on Kazakhstani authorities to fulfill their obligations under international law, including the 1951 Convention Relating to the Status of Refugees and the Convention against Torture, prohibiting the return of anyone to a country where they would be at risk of torture or other serious human rights violations;
- Urging the authorities to release detained refugees unless they are promptly charged with a recognizably criminal offense and provide asylum seekers with access to a fair asylum procedure.


APPEALS TO:

Minister of Internal Affairs
Serik Baimaganbetov
Ministery of Internal Affairs
ul. Manasa, 4
Astana 010000
KAZAKHSTAN
Fax: 011 7 7172 37 36 01
Email: usmvd@asdc.kz
Salutation: Dear Minister

Minister of Foreign Affairs
Kanat Saudabayev
Ministry of Foreign Affairs
35, No.1 Street
Astana 010000
KAZAKHSTAN
Fax: 011 7 7172 72 05 16
Email: midrk@mid.kz
Salutation: Dear Minister

COPIES TO:

General Prosecutor
Mami Kairat
Prosecutor General of Kazakhstan
37, Seifullina Street
Astana 010000
KAZAKHSTAN
Fax: 011 7 7172 33 39 28
Email: procuror@nursat.kz

Ambassador Erlan A. Idrissov
Embassy of the Republic of Kazakhstan
1401 16th St NW
Washington DC 20036-2201
Phone: 202 232 5488
Fax: 1 202 232 5845
Email: washington@kazakhembus.com



PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 23 July 2010.


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END OF URGENT ACTION APPEAL
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