For two years now, Kazakhstan has refused to implement a decision from the UN Committee Against Torture. It must return safely and promptly 29 individuals that were illegally returned to torture in Uzbekistan in 2011, and pay as soon as possible compensation to the victims and their relatives. Kazakhstan must also press for investigations into torture allegations that occurred after the extradition.

In December 2010, considering the proven risk of torture upon forcible return to Uzbekistan, ACAT filed a complaint on behalf of 29 asylum seekers and refugees in Kazakhstan that were subject to extradition. At three occasions, the UN Committee against Torture (UNCAT) ordered Kazakhstan not to return the 29 complainants while reviewing the case.

However the group of men were returned to torture in Uzbekistan in June 2011 breaching the UNCAT orders and the Convention Against Torture. The UN Committee followed ACAT’s legal arguments and convicted Kazakhstan in June 2012 for this forcible return. It has required the State to provide redress for the complainants, including their safe return to Kazakhstan and adequate compensation.

Not only Kazakh authorities haven’t tried to take protection measures for these victims over the two last years, but they sent a diplomatic representative in detention in Uzbekistan coercing the complainants to sign pre-typed declarations stating that they were not tortured. However ACAT received information, including one testimony from a detainee, raising allegations of torture. ACAT remains deeply concerned by the situation of the complainants and their acute risk of torture in detention.

ACAT is urging Kazakhstan to implement immediately the UNCAT decision. The State must pay compensation to the complainants for their illegal extradition in violation of its international obligations and must require from Uzbekistan their release from detention for those who are still kept in custody. Kazakhstan must offer to those who wish a safe and prompt return to Kazakhstan and ensure their protection on its territory.

ACAT also urges Uzbekistan to release the complainants immediately and to guarantee their physical and psychological integrity in any circumstance. They must be provided with an effective remedy and adequate redress regarding torture allegations.

Furthermore, ACAT calls upon Kazakhstan and Uzbekistan to comply with the UN Convention against Torture and to put an end to these practices.

More information about the case

29 individuals fled Uzbekistan due to religious persecutions and sought asylum in Kazakhstan. Most of them received a refugee status from the UN High Commissioner for Refugees (UNHCR). Relying on an obligation of cooperation with its neighbouring country, Kazakh authorities arrested them in June 2010, cancelled their refugee status before extraditing them to Uzbekistan, and therefore deliberately breached international law and the UNCAT interim measures which requested Kazakhstan to refrain from extraditing the 29 complainants. After an 18 months procedure initiated by a complaint filed by ACAT, Kazakhstan was convicted in June 2012 by the UN Committee Against Torture.

At least 25 out of the 29 victims are still in detention in Uzbekistan. They were convicted to harsh prison for « religious extremism» and « attempt to overthrow the constitutional order».

Paris – June 17, 2014.