Rachel Denber

Human Rights Watch

350 Fifth Avenue, 34th Floor

New York, NY 10118-3299 USA

Maisy Weicherding

Amnesty International

1 Easton Street, London WC1X 0DW

Nadejda Atayeva

Association “Human Rights in Central Asia”

Centre MBE 140, 16,

rue de Docteur Leroy,

72000 LE MANS FRANCE

Vitaliy Ponomarev

Director of Program for Monitoring Human Rights in Central Asia

"Memorial" Human Rights Center

APPEAL

Ladies and Gentlemen!

We, the 28 Uzbek refugees, are appealing to you to help us.

14 of us are kept in isolation cell (IC-1) of the Department of Internal Affairs (DIA) of Almaty (recently, one more refugee joined us), the other 14 are kept in the Department of National Security Committee (DNSC) of the Republic of Kazakhstan. We have been detained for more than 6 months under extradition arrest.

As you know, all of us were registered in UNHCR in Kazakhstan from 2005 through 2010. 16 of us had refugee status from UNHCR.

After the new "Law Relating to Refugee Status" was passed in the Kazakh Parliament, our cases were transferred to the Department of Immigration Committee of Almaty City. We were informed about this by UNHCR officers and were told it was normal, standard procedure which was practiced in all developed countries. All of us were registered in the Department of Immigration Committee and obtained asylum seeker certificates.

But soon after our application, more precisely, by 6 am, on June 9, 2010, the police and DNSC officers visited the apartments, where the refugees were officially registered. Under the pretence of checking our documents, they took all the refugees to the Migration Police Department. By the evening, some of the detained refugees were released. But, the refugees who were declared wanted by Uzbek government were locked in Almaty jail.

We'd like to note that UNHCR Almaty office, DIA, the Department of Immigration Committee, Migration Police, DNSC, all of them, knew the addresses of the refugees and the fact that they were declared fugitives. So, it wasn't news for them and no one hid himself. After a few days, courts of several Almaty districts issued extradition arrests for the refugees and they were locked in IC-1 DIA and IC DNSC of Almaty. Detention terms of refugees were prolonged twice without the presence of the refugees, except few of them. We received the court decision late. As a result we weren't able to file an appeal. All our complaints were returned to us, pointing out that appeal period had expired. In the absence of lawyers and in total isolation, without any legal assistance, we passed the Circuit Committee for refugee status determination. As a result, all of us were rejected, except one refugee. The procedure took place under strong pressure of a DNSC officer. We found out about the result only a few weeks later, from the letter of General Prosecutor's office, on September 09, 2010. It was stated in the letter that General Prosecutor's office decided to extradite all refugees for trial and prosecution in their home country. In spite of the fact the refugees had a chance to file an appeal at higher instance, the General Prosecutor's Office decided to extradite all of them. We received the official letter of rejection 21 days after it was made. So to say, the verdict was made on August 27, 2010, but we received it only on September 17, 2010.

After a day, Mrs. Altynbekova, a director of the Department of Immigration, visited us. She explained us the reason for rejection, pointing that the committee didn't find the arguments of refugees convincing. She also said, all the arguments were baseless and weren't backed by any evidences. How to understand this? Shall we present a certificate of persecution by Uzbek Police and secret services? Or, should the refugees who had experienced torture, present a medical examination report? Even if it is supposed that those documents are available, how could we obtain them if we were detained immediately after applying to the Department of Immigration Committee? She also said, UNHCR cancelled the status of all refugees who had status before. She explained the reason for cancellation was the crime against UN principles. She said, "As UNHCR rejected you, we have all the more reason to reject you. Don't call yourself as mandate refugees anymore. I don't understand why you are afraid of going back. Weren't those who returned from Afghanistan released under amnesty?” We were shocked to hear this. Apparently, this lady was facing refugees and their problems for the first time in her career. She regarded us as terrorists and extremists. It seems that she doesn't know the human rights situation in Uzbekistan or sticks to the official opinion of Tashkent regime.

We were more surprised by the indifference of UNCHR. We still can't understand what crime we have committed that was against UN principles. Why not a single UNHCR officer dared to visit us and explain the reason of status cancellation? Didn't we apply to them risking our lives and freedom? We thought UNHCR was truly international, independent, unbiased, and apolitical organization. We legalized ourselves, fully trusted this organization, told everything openly. Most refugees were registered in UNHCR long before they were wanted as fugitives in 2010. Why UNHCR gave us hope that we were under international protection? When Uzbek government wanted us to punish for daring to complain about it, we got under threat of extradition and UNHCR rejected us. It was the very moment when we needed international protection, most of all! Most refugees applied to UNHCR for protection from persecution of Uzbek government, not because they were wanted as criminals.

If we committed a crime which was against UN principles in Kazakhstan, we would be accused and tried by the police and DNSC. We always were under observation and bugging. But no one accused us of anything or tried. Because we didn't commit any crime before or after applying UNHCR. Otherwise, they have to prove our guilt. Or, doesn't the presumption of innocence apply to us?

At first, we didn't believe Altynbekova's statement that UNHCR cancelled our status. But our lawyer, Igor Pan met with Vitaly Maslovsky. The lawyer informed us Mr. Maslovsky confirmed that UNHCR cancelled the status of all detained refugees. Allegedly, the representative of UNHCR from Geneva was shown some facts that were the reason why the committee cancelled the refugee status. Mr. Maslovsky stated that he didn't know what facts or evidences they were, as he wasn't there. More likely, it was the representative's first visit to post-Soviet republics and he couldn’t imagine how evidences were manipulated, fabricated by secret services and police. Without consulting with more experienced officers of UNHCR who were more knowledgeable about the situation, the representative, at the scratch of a pen, decided fate of poor refugees.

We are surprised by the position of UNHCR. When our spouses contact them, they don't explain them much. The only thing that made us happy was that UNHCR hired two lawyers for us. We strongly hope that UNHCR will do its best to protect us. We believe justice will prevail.

After we were rejected by the Department, we filed an appeal to Migration Committee at the Ministry of Labor and Social Protection. Recently, we received rejection from them. Mr. Khabylsayat Abishev, сhairman of the committee, wrote in his conclusion that after thorough investigation of our cases, based on law and international conventions, the committee decided to leave the Department of Migration's decision unchanged. Because they concluded there was nothing to threaten the refugees in their home country.

Ladies and Gentlemen!

You, like other experts of leading human rights organizations, know the real human rights situation in Uzbekistan.

So, why did we flee from Uzbekistan leaving our houses, relatives, properties behind us if there was no threat?

Now, our lawyers will appeal the Department of Immigration's decision in court. But we encountered another problem. The Department of Immigration Almaty office was dissolved and transferred to Ministry of Internal Affairs. Because of this, the Almaly Court of the City of Almaty stopped the case, as it is not clear who will be respondent in court.

The General Prosecutor's office is openly ignoring the law "Relating to Refugees", article 18, paragraph 2 which prohibits to expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. They also ignore:

1. UN Convention Relating to the Status of Refugees of 1951 (article 33, paragraph 1), ratified by Kazakh Parliament on December 15, 1988.

2. UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (article 3)

3. The International Covenant on Civil and Political Rights (ICCPR) (articles 7, 18, 19, 22).

The General Prosecutor's Office is still insisting in extradition of the refugees based on Minsk Convention, regarding them as criminals. As if we committed crime and now hiding in Kazakhstan. But we didn't hide, we were registered in UNHCR, the Department of Immigration and Migration Police on time. Our children went to Almaty schools and we lived only in the registered apartments.

As for the accusations of Uzbekistan, they are all standard accusations for persecuting believers and dissidents. All this is done just to return the refugees and punish them to show their power, as if they have long hands to reach everywhere and they can punish anyone who dared to disagree with the government. How else, you can explain that some of refugees are incriminated by 34 articles of Criminal Law of Uzbekistan? Is it logical, that a single person can commit so many crimes without being sentenced or noticed? Some of the refugees are accused of leaving Uzbekistan illegally which is the only way for refugees to escape from persecution. All accusations are groundless and aren't proved. If Uzbekistan had fair and just court system we would not be afraid to go back and prove our innocence. Returning to Uzbekistan is synonymous to going to death. Under unbearable tortures anyone can confess of any fabricated crimes. Other innocent people are also victimized. Under torture they are made to witness against accused people. Tortures are used not only in jails but continue in prisons after being sentenced. Prisoners are beaten up, raped, insulted, humiliated, tortured and infected with incurable diseases like Tuberculosis, typhus, AIDS. What will happen to our families? What will happen to 72 children of refugees? Now, they can hardly survive because their fathers, who were the only breadwinners, are in jail. Either they will face miserable return to Uzbekistan as wives and children of "enemies of nation" or wander to find some place to survive.

Some of the refugees underwent all of these pains. Family members of most refugees were also harmed. To take revenge, the government sentenced their brothers, relatives, friends, colleagues. Their properties were confiscated. Even after fleeing the country an Uzbek refugee can't feel safe. We can't understand what is our guilt before world community so all of them closing their eyes to our tragedy? Maybe the biggest crime we committed is we were born in Uzbekistan?! Or, after seventy years of atheistic regime we returned to our forefathers' religion?! Why must we and our family suffer? It is hard to believe that it is happening in 21st century!

Ladies and Gentlemen!

We think we are part of the world community. We are neither extremists nor terrorists! Otherwise we wouldn't apply UNHCR. We chose legal and civilized way of protecting our rights, as we are sure about our innocence.

Now, Kazakhstan refused to give us a refuge. Of course, any country has that right to reject or accept. Apparently, the lives of handful refugees are not worth worsening relationship with Karimov's regime. But, mostly, we are shocked by the fact that all this is happening in the country which is chairing OSCE. But why doesn't Kazakhstan allow the refugees to leave its territory? On the contrary of the domestic and international laws, Kazakhstan is sending the refugees to death, torture, and humiliation? Why are UNHCR and Kazakhstan International Bureau for Human Rights acting as passive spectators? Or, does it only seem to us?

So far, Kazakhstan extradited three refugees:

Khurshid Komilov, Rasul Rahmonov and … Umarali. The fates of these refugees are unknown. If you don't influence the situation, the rest of the detained refugees expect the same fate.

Ladies and Gentlemen!

We ask you to do your best to prevent the extradition of Uzbek refugees. We ask you to bring up this problem to the agenda of OSCE summit in Astana.

We apologize that we are appealing to you with a general letter. All refugees are kept by 2 in 7 cameras and one of them is settled with criminals. Most refugees don't know Russian. It is very difficult to explain them something and collect their signatures. Every day is filled with stress and worry. What if today we will be extradited? The same question is asked every day, over and over again. Many refugees can't bear the stress and worry, and as a result starting having medical problems and one refugee's face numbed because of stress.

Ladies and Gentlemen!

We count on you. We still hope for the best.

Truthfully yours,

Uzbek refugees:

1. Boltayev Ahmad

2. Jalolhonov Saidakabar

3. Kurbanov Kobiljon

4. Nurillayev Bahriddin

5. Pardayev Isobek

6. Pulatov Oybek

7. Turayev Ravshan

8. Tolipov Sirojiddin

9. Ostonov Ulugbek

10. Kholturayev Olimjon

11. Khurramov Sarvar

12. Rakhmatov Uktam

13. Sharipov Otobek

14. Shodiyev Akmaljon

15. Umarov Fayziddin

25-11-2010