A/HRC/25/60/Add.2
a valid travel document issued by the United States of America with a Ukrainian visa, was
allegedly detained upon arrival at Kyiv’s Boryspil International Airport on 5 February
2013, and has remained in detention, pending an extradition request to Tajikistan. On 15
March 2013, Kyiv’s Shevchenko District Court decided to continue the detention of Mr.
Abdullodzhonov for up to twelve months, while the General Prosecutor’s Office continues
its examination of the extradition request by Tajikistan. While ordering Abdullodzhonov’s
continued detention, the Court allegedly acknowledged that the materials provided as
evidence confirm the existence of his refugee status. It is further alleged that if Mr.
Abdullodzhonov is extradited to Tajikistan, he will be at risk of being tortured. Mr.
Abdullodzhonov served as Prime Minister of Tajikistan in 1992-1993 during the civil war,
and is a prominent opposition leader. He also ran for the Presidency of Tajikistan in 1994,
and lost to Emomali Rahmon, Tajikistan’s current president. He started to receive death
threats and had three attempts on his life in 1995. After fleeing Tajikistan, several of his
political associates were reportedly killed. Mr. Abdullodzhonov was accused of being
involved in an assassination attempt against Emomali Rahmon, as well as in organized
crime and terrorism, though he was no longer living in Tajikistan. Reportedly, Mr.
Abdullodzhonov denies these charges and was granted political asylum in the United States
in June 1999. The Special Rapporteur thanks the Government for the response dated 30
April 2013 where it is stated that the Prosecutor General denied the request of extradition of
Mr. Abdullodzhonov to the Republic of Tajikistan and released him from custody the same
day. The Special Rapporteur commends the Government of Ukraine for honoring article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and, should there be any further legal developments in the case, encourages the
Government of Ukraine to continue its engagement with the mandate.
(b)
JUA 22/07/2013 Case No. UKR 2/2013 State reply: 05/09/2013 Alleged forced
psychiatric treatment and confinement of human rights defender.
164. The Special Rapporteur thanks the Government of Ukraine for its response, dated 5
September 2013, in reference to the alleged forced psychiatric treatment and confinement
of a human rights defender. In its reply, the Government stated that on 27 June 2013, the
Leninskiy district court of Zaporozhya satisfied the petition for forced psychiatric
examination of Ms. Radchenko, issued by the chief psychiatrist of the Department of
Health of Zaporozhya Regional Administration. The Government stated that following the
decision of the Kammunarskiy district court of Zaporozhya from 15 July 2013, to satisfy
the petition of the chief physician of the Regional Psychiatric Hospital, it was decided to
hospitalize Ms. Radchenko for forced psychiatric treatment. It is further stated that in
response to the appeal submitted by the representative of Ms. Radchenko, the Zaporozhya
region Court of Appeal decided to repeal the above-mentioned decisions of district courts,
as well as the petitions submitted by the chief psychiatrists. The Government further stated
that from 24 to 27 July 2013, a commission of clinical experts established under the
Ministry of Health has conducted a clinical assessment into the legality and quality of the
medical assistance provided to Ms. Radchenko. The Commission established that in
deciding on the need for involuntary psychiatric examination, doctors and hospital
administration violated the requirements of Article 11 of the Law “On psychiatric care.” At
the same time, the Government reported that no violation of law was found in deciding on
the need for involuntary hospitalization. The Government explained that during the
examination of Ms. Radchenko on 27 July 2013, the commission found no grounds for
continuing her forced treatment and she was subsequently discharged from the hospital. It
is also reported that the Ministry of Health of Ukraine has instructed the Department of
Health of Zaporozhya Regional Administration to take measures to comply with the Law
on “Psychiatric care”. With respect to the ongoing investigation, the Government responded
that in relation to Ms. Radchenko, the Leninskiy district court of Zaporozhya has initiated
criminal investigation into the facts of her alleged involvement in disturbing the public
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