DUSHANBE, April 30, 2010, Asia-Plus — The United Nations High Commissioner for Refugees (UNHCR) would like to draw the attention of the Government of the Republic of Tajikistan to the situation of Mr. Nematillo Botakozuev (02.07.1967), citizen of the Kyrgyz Republic who applied to UNHCR for asylum and is being held in detention since 26 February 2010, a statement released by UNHCR on April 29 said.
Mr. Botakozuev is held by the State Committee on National Security of the Republic of Tajikistan and no charges have been made against him. There is threat of his extradition to Kyrgyz Republic based on the allegations of his involvement in the Nookat events in 2008. UNHCR has informed the Tajik authorities about the amnesty act concerning persons involved in the Nookat events issued on 27 April 2010. Moreover, the political situation that has changed in the Kyrgyz Republic would allow for Mr. Botakozuev’s release from detention. However, there are not yet conditions for his safe return to Kyrgyzstan until the decision on his asylum application by UNHCR is issued.
UNHCR expresses its grave concern that after two months of continuous efforts to seek his release, neither UNHCR nor his lawyer have been able to see Mr. Botakozuev and to independently confirm the conditions of his illegal detention.
Despite the assurances given by the Tajik authorities that the lawyer hired by UNHCR to represent Mr. Botakozuev will have free and unimpeded access to interview his client in a confidential manner as foreseen by the international and national standards on the right to liberty and security of person, the lawyer was not allowed to meet Mr. Botakozuev confidentially.
Furthermore, in accordance with the Country Cooperation Agreement between the UNHCR and the Government of the Republic of Tajikistan, the Government shall at all times grant UNHCR personnel unimpeded access to refugees and other persons of concern to UNHCR.
UNHCR has ensured that all means have been exhausted to enable its personnel and the attorney to meet Mr. Botakozuev which is provided by international and national law.
Therefore, UNHCR calls upon the Government of Tajikistan to immediately release Mr. Botakozuev as there are no grounds to detain him illegally. In line with Tajikistan commitments under the 1951 Convention, UNHCR has every expectation that Mr. Botakozuev will be released to UNHCR’s care soon.
UNHCR should be given every opportunity to carry out full assessment of his asylum claim and to find a solution for him in line UNHCR’s mandate.
