<<previous  |  index  |  next>>

IV.      International Recognition of Risk of Torture for Persons Returned to Uzbekistan

15.       In recognition of the numerous credible sources on the routine use of torture in Uzbekistan, governments in North America, Europe, and Central Asia have acknowledged that returning to Uzbekistan persons detained by these governments and who are wanted by the Uzbek authorities—either because of their alleged association with the May 2005 events in Andijan or because they are perceived to be independent Muslims—would violate their international legal obligations.

16.       Several European governments, including Czech Republic, Germany, Norway, Romania, and Sweden have granted full refugee status or UNHCR-mandated resettlement to Uzbek nationals fleeing persecution by the Uzbek authorities pursuant to the Andijan events or as a result of their religious or political affiliations.²⁵    

17.       In October 2006 the United States abandoned efforts to deport a detained Uzbek national, Bekhzod Yusupov, in reliance on diplomatic assurances against torture from the Uzbek authorities.²⁶  A US court had previously ruled that it was “more likely than not” that Yusupov, an independent Muslim, would be tortured if returned to Uzbekistan. In a September 2006 letter, Human Rights Watch and the American Civil Liberties Union reminded the US government that “[i]t is routine for the Uzbek authorities to charge and detain political and religious dissidents (including refugees who fled the country after the May 2005 massacre in Andijan) with supporting ‘illegal religious movements.’ Recognizing the high risk of torture and other ill-treatment faced by dissidents charged with supporting ‘illegal religious movements’ in Uzbekistan, the US State Department has urged other governments not to give in to Uzbek demands to repatriate such dissidents.”²⁷ Human Rights Watch and the ACLU argued that any assurances from the Uzbek authorities would be inherently unreliable.  The US reconsidered its misguided effort and in October 2006 informed Yusupov that it was no longer seeking “no torture” assurances from the government of Uzbekistan.²⁸ 

18.       The government of Kazakhstan rejected an extradition request in July 2005 from Uzbekistan for the transfer of Lutfullo Shamsudinov, a human rights defender and eyewitness to the Andijan massacre.²⁹ Shamsudinov fled Uzbekistan on May 26, 2005, fearing torture and persecution at the hands of the Uzbek authorities. He was recognized as a refugee by UNHCR in Kazakhstan. On July 12, the Kazakh authorities made the decision to turn Shamsudinov and his family over to UNHCR for protection and they were flown out of Kazakhstan for resettlement in a safe third country.   

19.       In August 2006 the Kazakh authorities released Uzbek national Gabdurafikh Temirbaev into the care of the UNHCR, and allowed him and his family to be permanently resettled in a third country. ³⁰  Gabdurafikh Temirbaev had reportedly been in Kazakhstan since 1999, after feeling persecution in Uzbekistan for his religious beliefs.