APPEAL
on trial of arrested 29
Uzbek refugees
10 December 2010
December 6 in Almaty began the trial of 29 Uzbek
refugees who were arrested on 9-11 June 2010 and currently in custody in IC DVD
and NSC of the Republic of Kazakhstan.
According to reports from the court, hearings are held
in gross violation of legal norms. From the very beginning of the process, despite
the lawyer's request and the requests of the refugees themselves, the arrested
refugees were not allowed to participate in court proceedings. Judges and
representatives of the Department do not satisfy the requirements of lawyers to
provide them with all necessary documents on the case including interviews done
by the Republican Central Committee for Refugee Status Determination. Accusations
of the representative of the Migration Police Department of Internal Affairs of
Almaty Kulthun Iskakova are unfounded and have no grounds, as it is based only
on the bare allegations of the Uzbek side. For example, a representative of the
Migration Police K. Iskakova to question the lawyer Igor Pan to provide
concrete evidence against one of his clients said that they assume it.
During the hearings, it became known that pre-trial
proceedings also took place with serious procedural violations. The question of
lawyer I. Pan, whether an interpreter attended during the commission's work, K.
Iskakova replied in the affirmative and said that interpreters were present
during all interviews. But, according to the lawyer, the arrested refugees said
that there was no interpreter during the interview. Most of them did not
understand the questions by the commission, due to ignorance of Russian or
Kazakh language, and they could not communicate their thoughts fully. Also, to lawyer’s
repeated requests for permission for an interpreter during the pre-trial
process, the prison administration answered with refuse.
At a subsequent hearing on the case of the arrested
refugees kept in the IC NSC, judge Sholpan Umbetalieva refused the request of
the lawyer Angelica Rakhimberdina, in which she asked the judge to permit to
question women of arrested refugees as a third person.
Lawyer A. Rahimberdina during the hearing also asked
the judge to include to the case the documents detailing the human rights
situation in Uzbekistan:
·
Reports and recommendations of the UN
Committee Against Torture;
·
Reports by the UN Committee on Human Rights;
·
UN General Assembly Resolution 60/174. Human
rights situation in Uzbekistan;
·
Acting Executive Director of Europe and
Central Asia Division of HRW Rachel Denber’s letter to the Prosecutor General
of the Republic of Kazakhstan Kairat Mami;
·
Reports from international human rights
organizations: Human Rights Watch, Amnesty International, the Helsinki
Committee and others about the human rights situation in Uzbekistan.
However, the judge, prosecutor, and representatives of
the Migration Police rejected her request all together.
Most lawyers’ requests were rejected by the judge,
prosecutor and representatives of the Migration Police. Lawyers have expressed
their disagreement with how the trial is going. Despite the fact that the court
has just begun, the judge has already require lawyers to urgently prepare a
case for debate. Such an approach to the issue of the court caused us deep
regret and concern.
We ask the leaders of the democratic countries,
international human rights organizations, media representatives, as well as
people of goodwill to pay close attention to the trial continuing with gross
violations of refugee rights. We urge you to influence with all possible means
to the leadership of Kazakhstan and save 29 people and their families against
injustice.
Representatives
of the Committee to Save the Refugees Facing Extradition from Kazakhstan to
Uzbekistan:
Mutabar Tadjibayeva, the Head of the human rights organization
“Utyuraklar Klubi” (Club of Flaming Hearts). Paris, France. Laureate Martin
Ennals Award 2008, National Prize of France, "Liberty, Equality, and
Fraternity" and "Courageous Woman of the Year” United States.
Tel.: +33 643236385; +33 760183844 ; E-mail: mutabartadjibaeva@gmail.com
Talib Yakubov, Vice-President of the Human Rights Society of Uzbekistan. Angers, France.
Tel.: +33 241667961; E-mail: dptalib@safe-mail.net
Ismail Dadajanov, the President of the Democratic Forum of Uzbekistan. Helsinborg, Sweden.
Tel.: +46 424993383 E-mail: uzbek55@mail.ru
Nurillo Maksudov, the Chairman of the Organization of Andijan - Adolat va
Tiklanish (Andijan - Justice and Regeneration), Düsseldorf, Germany. Tel.: +49
17622979267, +49 21146818660
E-mail: andijon.adolat@gmail.com
Kamoliddin Rabbimov, Political Scientist, France. Tel.: +33
622418665
E-mail: kmr.uzb@gmail.com
Ahmad Iyso, Coordinator, Representative
of the Initiative Group of the Uzbek Diaspora in Sweden. Tel: +46706034818;
E-mail: igursw@gmail.com