Tursunov Khairullo Turdievich, citizen of Uzbekistan, born on April 4, 1974 in Karshi, Kashkadarya region, who was under arrest since April 7, 2012 in the city of Aktobe in Kazakhstan, will soon be extradited to Uzbekistan on the decision of the Criminal Court of Aktobe region made on January 18.

The international human rights organization “Fiery Hearts Club” closely observed, studied, and helped to organize the defense on the case of Khairullo Tursunov, and believes that his case is entirely fabricated, full of serious violations of the Procedural Code of the Republic of Kazakhstan, as well as conflicts with the international obligations of Kazakhstan.

After the explosions in Tashkent on February 16, 1999, all religious men living in the village Nukrobod, where Tursunov lived with his family, were taken police department of Kashkadarya. During the interrogations by police they were asked when they had started praying namaaz (prayers).

Occasional interrogations lasted until 2004. On April 7, 2004, Tursunov was arrested by representative of the National Security Service (NSS) of Uzbekistan. They severely beat him in custody, and asked whether he secretly got religious education.

Official charges that were brought in one month after the arrest read that he was accused of criminal conspiracy with a person named Kazakbaev living in Kazakhstan, and with a few more people whom Tursunov did not known. He was also accused of association with “Al-Qaeda”. However, these charges were not mentioned in the process of investigation.

At the regional court of Kashkadarya, held in September 2004, Tursunov was charged with conspiracy with 18 people, whom he was acquainted with, religious extremism, producing and distributing materials that threated public safety. The court sentenced him to 12 years in prison.

On February 2, 2005, he was released under an amnesty. The reason for his release under an amnesty was the fact that in August 2004, Abdulaziz Mansur, advisor to the president, deputy grand mufti of Uzbekistan, came to the central prison in Karshi, and talked with the prisoners.

After the visit, in February 2005, Tursunov and three others were released for unjustified charges. Given the fact that the Uzbek authorities had never pardoned those convicted for politically religious behavior, it can be concluded that those four released under amnesty in a short time were really innocent.

After his release, representative from the district police visited Khairullo Tursunov on daily basis. Police officer accused him of being Wahhabi, extremist, and constantly threatened him. There was a case when the district police officer colonel Pardaev demanded Tursunov to clean the area of district police station. Tursunov refused his demand saying that he was a free citizen and was busy with other useful things.

After this incident, Tursunov addressed human rights activist Tulkin Karayev, and together they wrote a complaint on the behavior of the colonel to the regional office of the National Security Service. NSS officer accepted the complaint and promised to speak with the district policeman. It was only after the complaint the district policeman left him alone.

However, in March 2005, Tursunov was summoned to the prosecutor’s office of Beshkent city, where he was asked to take back the complaint on policeman Pardaev, but Tursunov refused. After this, Pardaev started inviting him to a district police station on monthly basis and ask him write explanatory notes on what he was doing at that moment. He was even forced to write what mosques he was attending for prayer.

This lasted until August 2009. It was Ramadan, and he was returning home in the evening. On his way, suddenly, he was surrounded by three unknown women. Police officers, who were waiting nearby, jumped on him. Tursunov was arrested and charged with infringement of the honor of three women. Court hearing was held a day later and he was sentenced to 10 days in prisons.

During this period in prison, Tursunov was tortured and interrogated by the NSS officers. He was asked to give names of religious people, and whereabouts of the human rights Gaibullo Jalilov from the Human Rights Society of Uzbekistan. Despite the fact that Tursunov replied that this does not know, he was beaten for 10 days and was released on September 2.

After this, Khairullo Tursunov was sure that he would not be left alone at home, and on September 15, 2009, he went to Russia. There, he met with Elena Ryabinina, from human rights organization “Memorial”, and told her about his experience in Uzbekistan. Ryabinina sent him to Kazakhstan on behalf of the organization “Memorial” to ask for asylum at the UNHCR office in Almaty.

Another reason for Tursunov to go to Almaty was that his wife, Nodira Burieva, and their three children, one being only 10 months old, also came to this city to ask for asylum. When Tursunov left Uzbekistan, NSS summoned her for interrogation and put psychological torture on her demanding to tell her husband’s whereabouts.

Nodira Burieva came to Almaty in November 2009 and submitted documents to the UNCHR asking for asylum. Khairullo Tursunov joined them on December 18.

Khairullo Tursunov asked the United Nations and the government of Kazakhstan to provide him and his family refugee status. In October 2010, the Migration Department of the Republic of Kazakhstan refused his request. Khairullo Tursunov did not appeal the decision on the court, as they did not know their rights. They decided that it was useless, because those, who appealed, lost their cases in courts.

On April 7, 2012, Tursunov was arrested in Yaysan city. Law enforcement agencies of Kazakhstan sent information request to Uzbekistan. The answer given by Uzbek authorities was absurd: The Prosecutor’s Office of Uzbekistan claimed that Khairullo Tursunov illegally crossed the border, and living in Almaty, created a religious extremist group.

There is a question of a legal nature: why the charge on creation of religious extremist organization in Almaty is made by Uzbekistan, not by Kazakhstan? How do they know about it, and why the Kazakh law enforcement agencies are not putting the same charge?

The court held in Aktobe city considered only the question of extradition. On January 18, Aktobe regional court decided to extradite Tursunov back to Uzbekistan.

According to laws of Kazakhstan, extradition arrest term is 3 months. But Tursunov’s term was extended by nine months – more than three times.

Also, the authorities violated many articles of the Criminal Procedure Code of Kazakhstan when arresting Tursunov and keeping him in custody.

However, the main thing is that Kazakhstan is breaching its international commitments not to allow the extradition of persons to countries where the UN’s specialized committees proved the presence of systematic and widespread torture of the accused, defendants and prisoners.

In June 2010, OSCE chairman Kazakhstan, despite violation of international laws and the protests of numerous international human rights organizations, extradited 29 asylum seekers from Almaty to Uzbekistan.

Later, the UN Committee against Torture issued a statement that Kazakhstan, extraditing asylum seekers to Uzbekistan, violated its international obligations. The UN Committee demanded Kazakhstan return all 29 refugees from Uzbekistan and pay compensations to them, which has not yet been done.

Now, Kazakhstan, after becoming a member of the UN Committee on Human Rights, made a verdict to extradite Khairullo Tursunov to Uzbekistan, where he faces torture and inhumane treatment. By this action, Kazakhstan again violates its international obligations. After all, it is clear that the case of Khairlullo Tursunov, both in Uzbekistan and Kazakhstan, is entirely fabricated.

Tursunov testifies – and we, Uzbek human rights defenders, confirm it – Uzbek security officers use many type of physical torture, which are difficult to imagine for an ordinary person.

For example, in order to obtain needed confession, they can rape the wife in front of her husband. Refugees have seen and experienced cases when representatives of Uzbek secret services inserted champagne bottles and other items to women’s reproductive organs.

Despite the fact that the extradited refugees face torture and ill-treatment in Uzbekistan, they are afraid to speak out about this, because they are afraid that after complaints they may expect harsher treatment.

International human rights organization “Fiery Hearts Club” calls upon the authorities of Kazakhstan to cancel extradition of Khairullo Tursunov to Uzbekistan.

We therefore ask the UN Committee against Torture to urgently register an individual application for Khairulla Tursunov, to take immediate steps to halt his extradition to Uzbekistan, where he faces unfair trial, torture and inhumane treatment.

Only such a position of the UN Committee against Torture can stop the inhumane and illegal approach of the Kazakh authorities towards Uzbek refugee Khairullo Tursunov.

Mutabar Tadjibayeva,
Head of International human rights
organization “Fiery Hearts Club”