Dear Sir/Madam,
Wives of Uzbek refugees detained in Kazakhstan sent a letter to the Human Rights Society of Uzbekistan and asked to forward their complaint to UNHCR, UNHCHR and others, and deliver the answers back to them. Therefore, the Human Rights Society of Uzbekistan is sending this letter. You can forward your replies for us.
Truthfully yours,
Abdujalil Boymatov,
The President of the Human Rights Society of Uzbekistan.
To The United Nations
High Commissioner on Human Rights
Ms. Navanethem Pillay
The United Nations
Committee Against Torture
Ms.Nora Sveaass
The United Nations
High Commissioner for Refugees
Mr. Ant?nio Guterres
The General Prosecutor
of the Republic of Kazakhstan
Mr. Kairat Mami
The Chairman of Presidential Human Rights Commission
of the Republic of Kazakhstan
Mr. Saginbek Tursunov
The National Ombudsman
of the Republic of Kazakhstan
Mr. Askar Shakirov
From group of Uzbekistan citizens
who applied to the United Nations
High Commissioner of Refugees’ mission in
the Republic of Kazakhstan for refugee status
Complaint
Dear Sir/ Madam,
On June 9-11 of this year, not very long after the Law on Refugees was passed in Kazakh Parliament, more than 30 Uzbek refugees were detained by Kazakhstan law enforcement services based on fabricated and false accusations of Uzbek government.
Due to severe persecution, discrimination and oppression against Muslims by Uzbek government, we were forced to flee from Uzbekistan to the neighbouring Kazakhstan. After arriving, we applied UNHCR Almaty office for refugee status. Most of us had been interviewed by UNHCR officers and received refugee status. Some of us were preparing to move to the third countries which had accepted us.
Now detained refugees are endangered to be extradited to Uzbekistan, our home country, which was described by UN Committee Against Torture as the country that “practices torture systematically”. Moreover, several cases of torturing to death were reported and documented by several Human Rights organizations.
Instead of eliminating these illegal actions, the General Prosecutor’s Office of Kazakhstan decreed to extradite the refugees to Uzbekistan. Moreover, UNHCR Almaty office cancelled the refugee status of those of us who obtained it before. That refugee status was the only guarantee of safety of those poor refugees and Almaty office has been just an onlooker since then.
As a result, on September 8 of this year, Khurshid Kamilov, a refugee from Kyrgyzstan, extradited to Uzbekistan. At present, no one interested about his fate.
None of the 29 detained refugees has been proved to be violator or offender of any Kazakh laws. They, obeying the laws, had applied UNHCR Almaty office and registered at the Department of Migration Police of Almaty City. The only crime we committed in Uzbekistan was practicing our religion.
Kazakhstan law enforcement agencies by their illegal actions and UNHCR Almaty office by its indifference violated local and international laws, offended basic human rights.
Particularly:
1. Kazakhstan has ratified International Covenant on Civil and Political Rights in 2005 and acceded 1951 Convention Relating to the Status of Refugees in 1999. These international laws oblige Kazakhstan to protect refugees. In 2010 Kazakhstan approved a law that obliges to process refugee applications according to the local laws. But it turned out to be the opposite. Now Kazakh government is violating the rights of refugees instead of protecting them. Interestingly, the Department of Internal Affairs, the Department of Migration Police are explaining this as applying local legislation, meaning they are applying domestic legislation which are contrary to the international laws. But according to the Kazakhstan Constitution, domestic laws cannot contradict international laws ratified by Kazakhstan. (Article 4, paragraph 3 of the Constitution of the Republic of Kazakhstan; article 3, paragraph 2 of the Law on Refugees of the Republic of Kazakhstan; article 2, paragraph 3 of the Criminal Code of the Republic of Kazakhstan.)
2. If we return to Uzbekistan, it is definite that all of us will be detained and tortured. Most of us have been tortured by Uzbek government before. That is why we prefer us and our husband to stay here and tried, if convicted, jailed according to Kazakhstan legislation, rather than to be sent back to tortures and death chambers. We prefer starving to death here to dying under tortures in Uzbekistan. If it was not like this we would not stay here, in Almaty, living under police abuse. It is not legal to extradite refugees whose lives, health and freedom are in danger. (Article 33, paragraph 1 of 1951 Convention Relating to the Status of Refugees which Kazakhstan acceded; Article 3 of Convention against Torture which Kazakhstan ratified; article 18, paragraph 3 of the Law on Refugees of the Republic of Kazakhstan.)
3. If the refugees were detained legally, they must have been provided with lawyer within 24 hours according to the local criminal justice code. (Articles 26, 68, 70, 71 of Criminal Procedural Code of the Republic of Kazakhstan). But the refugees were not provided a lawyer for 3 months, because Almaty prosecutor’s office did not give permission. UNHCR Almaty office delayed to provide lawyers for a long time. (Lawyers were able to meet with the refugees only on September 17, 2010). Any verdict, decree or decision that was made violating Criminal Procedural Code is considered to be invalid according to Kazakh Legislation. (Article 16, paragraph 2 of 1951 Convention Relating to the Status of Refugees which Kazakhstan acceded; article 1 of No. 4 normative decree of Kazakhstan Supreme Court on April 20, 2006; article 9 of Criminal Procedural Code of the Republic of Kazakhstan.)
4. If Kazakh government decides the refugees are dangerous for the state, then it should provide time and means them to move to a third country. 29 refugees are still on detention by law enforcement agencies without any proof or evidence, their family members are being insulted and threatened. (Article 31, paragraph 2 and article 32, paragraph 3 of 1951 Convention Relating to the Status of Refugees which Kazakhstan acceded.)
5. There is no information about 15 refugees who were detained by Kazakhstan National Security Service (former KGB). They have been isolated from the rest of the world. The General Prosecutor’s Office and UNHCR Almaty office should enable the refugees to get medical aid. (Article 8, paragraph 1 of the Law on Refugees of the Republic of Kazakhstan; article 23 of the Law on Detention and custody of accused and suspects of the Republic of Kazakhstan.)
In addition to this, it is very amazing the negligence of UNHCR Almaty office. Saber Azam, UNHCR Almaty office’s chief, could only state the refugees were under Kazakh legislation and UNHCR cannot help us anymore.
Moreover, the employees of Almaty office are treating us badly, disrespectfully, with suspicion. They do not want to talk to us. They are using police forces to keep us away from the office building. Before the new Law on Refugees was approved, they started applying a new rule of not letting refugees into the building. If they call someone, they check him/her with security devices and pull out everything in his/her personal bag. If we go ourselves to ask something they do not let us in.
As Vitaliy Maslowskiy (the officer of Almaty UNHCR office) told us, one woman and one man from refugees made a phone call and threatened to blow themselves up. We were very scared by this. Almaty office filed a police department a complaint about the phone call. The police called several refugee women for investigation. They tried to accuse Gulamova Khusniya for the phone call. The police forced Gulamova Khusniya to take off her hijab even they knew it is not allowed in Islam and took her photos, videos, and fingerprints. She was treated as a criminal. We think UNHCR Almaty office is using illegal methods to cover their negligence about protecting refugees. The office is collaborating with Kazakh National Security Services and police at the disadvantage of the refugees.
Moreover, UNHCR cancelled refugee status of the Uzbeks who obtained the status before, but did not give any document about this. Up till now, we do not know what our status is. UNHCR is not replying to our requests to clarify this issue. Last time we sent telegram to UNHCR was on September 30 of this year, but we are still waiting for reply.
We are experiencing abuse and insult because we are Muslims on one hand and we are Uzbeks on another hand. The Department of Migration Police officers even criticized our women for wearing hijab and said “You are terrorists!” Some landlords evicted us together with our children under the police pressure. Many times when we asked for rent some of them said “Are you Uzbeks? We cannot rent to Uzbeks!”
At present we do not have any means of income, children cannot go to school, and sick refugees cannot get medical aid. We have no money for rent, living conditions are unbearable.
Dear United Nations High Commissioner on Human Rights,
We ask you to protect violated rights of 29 refugees detained in Almaty and their family members. All of them are facing extradition.
We ask you to express your views on Kazakh government’s breach of the international laws and human rights, and the actions of the Almaty office of the UNHCR taking into account the above said.
Dear United Nations Committee Against Torture,
We ask you to check whether the Kazakh General Prosecutor’s order to extradite 29 refugees to Uzbekistan is lawful and express your views on this matter. As we aware in 2003 Uzbekistan is determined by you as a country where torture is widespread and systematic. (SR on Human Rights on the question of torture (24/11- 6/12/2002). Report E/CN.4/2003/68/Add.2.)
Dear United Nations High Commissioner for Refugees,
We ask you to evaluate the fact of disregard to the fate of the refugees by your office in Almaty.
We ask you to let us know about our current status as soon as possible, and to help us to resettle in safe third country.
Dear General Prosecutor, Chairman of Presidential Human Rights Commission and National Ombudsman,
We ask you to investigate the facts of:
Baseless arrests;
Keeping in arrest more than 24 hours without charge;
Not providing legal protection for 3 month
regarding 29 refugees who were under protection of UNHCR, registered in the Department of Migration Police according regulations and living lawfully in territory of Kazakhstan, and hold the responsible to account.
Moreover, we ask you to check accordance of the General Prosecutor’s order, to extradite 29 refugees to Uzbekistan, which was found by UNCAT as a country where torture is widespread and systematic, to international and national laws and express your views on this matter.
We still have a hope that human rights will not be violated in Kazakhstan as in Uzbekistan. Kazakhstan’s reputation in international arena also increases our hope. We do not want to believe that the President Nazarbayev, who has worldwide respect, especially among Turkic nations and who was nominated for Nobel Prize for Peace, also agreed to extradite us. We also believe that OSCE chair does not hand over refugees registered with UNHCR to Uzbek regime. We hope that supporters of justice in Kazakh government would react impartially to our destiny. They will act according Kazakhstan’s interests in international arena, not according interests of the state of torture – Uzbekistan. They will not send refugees to inevitable torture and possible death.
We hope that the United Nations High Commissioner on Human Rights, the United Nations High Commissioner for Refugees and The United Nations Committee Against Torture also will not be indifferent to such lawlessness and injustice, to the fate of innocent people, and will make all efforts to protect us. As we also want to live and work peacefully in democratic societies, to bring up our children as beneficial persons to the nation and society.
Asking to restore our human rights, Uzbek refugees in need of protection:
10-10-2010
Azimova Umida Abduvahidovna (wife of Abdusamatov Toirjon Azatovich) Tel: +77003804006 E-mail: umida.azimova@gmail.com
Gulamova Husniya Khamidovna (wife of Gulyamov Muhiddin Husniddinovich) Tel: +77003802745
Sulaymonova Mutabar (wife of Sulaymonov Tursunboy Khudoyberdiyevich) Tel: +77003816122
Khudoyberdi-Akhunova Marguba (wife of Qosimov Abror)
Abisheva Rita (wife of Kholboyev Shuhrat Batirovich)
Abduvaliyeva Mohira Abduvahobovna (wife of Abduvaliyev Otabek Oybek ugli)
Khatamova Bashorat (wife of Akbarov Fayzullokhon Qobulkhonovich)
Asatova Omina Kamoliddinovna (wife of Asatov Komil Rakhmatovich)
Muminova Adolat (wife of Boltayev Ahmad Alimovich)
Namozova Khavas Saidovna (wife of Botirov Shukhrat Ne’matovich)
Tosheva Gulsanam Shakirovna (wife of Bozorov Sukhrob Roziqovich)
Mahmudova Muhayyo (wife of Vakhobov Saidjon)
Gaziyeva Feruza (wife of Gaziyev Shavkat Safoyevich)
Jalolkhonova Ra’no Ohunovna (wife of Jalolkhonov Saidakbar Tokhirkhanov)
Iskanova Gulnoz Ne’matovna (wife of Iskanov Shavkatjon Sobirjonovich)
Usmonova Nozima Shotursunovna (wife of Kamolov Abdulla Saidakbarovich)
Umurzaqova Aliya (wife of Kamolov Abdulla Saidakbarovich)
Qodirova Gulnar Ilhomovna (wife of Qurbanov Qobiljon Ilkhomovich)
Ernazarova Iroda Rinatovna (wife of Quldoshev Oybek Shavkatovich)
Amurqulova Dildora (wife of Quldoshev Sunnatullo Shavkatovich)
Muratova Shakhnoza Sobirovna (wife of Quldoshev Sukhrob Shavkatovich)
Kamalova Dinara Azatbayevna (wife of Mambetaliyev Rakhim Ulmasovich)
Muhammedova Nilufar (wife of Muhammedov Dilshod)
Nasirova Nigora Karimovna (wife of Nazarov Laziz Dilmurodovich)
Qurbanova Zilola Noilovna (wife of Nurullayev Bakhtiyor Roziqovich)
Giyasova Nargiza (wife of Nabiyev Ne’matullo Makhatovich)
Shamshiddinova Dilafruz (wife of Nurmatov Khudoyberdi Turgunaliyevich)
Jalalova Shakhlo (wife of Ostonov Ulugbek Khujayev)
Buriyeva Nargiza Ulmasovna (wife of Tursunov Uktam Suvonovich)
Buriyeva Nodira Ulmasovna (wife of Tursunov Khayrullo Turdiyevich)
Khidirova Aziza (wife of Khidirov Alisher Ochilovich)
Yermanova Shirin (wife of Khurramov Sarvar Abdullayevich)
Norqobilova Feruza (wife of Kholturayev Olimjon Mamayusupovich)
Rahmonova Sarvinoz (wife of Shodiyev Akmaljon Zakariyoyevich)
Norqobilova Nilufar (wife of Sharipov Otabek Mavlonovich)
Shernazarova Khursand (wife of Shernazarov Sherzod Abdugapparovich)
Eshmatova Muhabbatkhon (wife of Urinboyev Umidjon Yakubjanovich)
Nazarova Gulzora Dilmurodovna
Yusupova Muhayyo Agzamovna
Asatova Kholposhsha
Abdujalil Boymatov,President of Human
Rights Society of Uzbekistan.
Tel:
+353 870 61 4883
www.hrsu.org
E-mail: b_abdujalil@yahoo.com
Address: 10 Ashington Close,Navan Road,
Dublin 7, Ireland
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