CAT/C/54/D/538/2013
in Tashkent on 16 February 1999, all Muslim men from the complainant’s village were
taken by the police officers of Beshkent and questioned about their religious affiliation.
According to the complainant, the surveillance and questioning by the police lasted until
2004. On 7 April 2004, the officials of the National Security Service arrested the
complainant, beat him and questioned him about his religious education. After one month,
he was indicted for criminal conspiracy and association with Al-Qaida. On 20 October
2004, the Qashqadarinsky Regional Court of Uzbekistan sentenced him to 12 years in
prison for religious extremism in conspiracy with 18 people whom he alleges that he did
not know. On 2 February 2005, he was released under a general amnesty act. However, he
continued to receive daily visits from a district police officer, which stopped after he
complained to the National Security Service. In March 2005, the complainant was asked by
the Beshkent Office of the Procurator to withdraw his complaint. The complainant refused
and as a result the district police office started summoning him every month and
questioning him about his activities and which mosque he attended. The summons
continued until 2009. In August 2009, the complainant was approached by three prostitutes
in front of the police. He was immediately arrested, accused of violating the honour of the
women and, on the next day, sentenced to 10 days of deprivation of liberty. Until his
release on 2 September 2009, officers of the National Security Service beat him and
enquired about other followers of Islam. On 15 September 2009, the complainant fled
Uzbekistan to escape constant harassment by the authorities. He went first to the Russian
Federation, where a representative of the non-governmental organization (NGO) Memorial
advised him to seek asylum with the Office of the United Nations High Commissioner for
Refugees (UNHCR) in Kazakhstan. After the complainant left Uzbekistan, his wife was
questioned about his whereabouts by the National Security Service and had to flee the
country. In November 2009, she joined him in Almaty with their three underage children.
In 2012, she was charged with illegal exit from Uzbekistan.
2.2
Upon arrival to Kazakhstan, on an unspecified date, the complainant applied for
asylum with UNHCR and the Committee on Migration of Kazakhstan. The complainant
does not provide information on the decision that UNHCR took on his application,
contending that he cannot recall it. In October 2010, the Committee on Migration rejected
his application. The complainant did not appeal, allegedly not being aware of such a
possibility.
2.3
In a resolution of 24 February 2012 of the Office of the Procurator General of
Uzbekistan, the complainant was indicted of committing crimes in Uzbekistan under six
articles of the Criminal Code, including terrorism; incitement to national or religious
hatred; illegal establishment of a religious organization; and establishment, management
and participation in a religious, extremist, separatist, fundamentalist or other illegal
organization. The complainant was put on a wanted list. His arrest was ordered by the
Qarshi Court in Uzbekistan on the same date. On 7 April 2012, he was detained in Aktobe,
Kazakhstan. In a letter dated 27 April 2012, the Uzbek Office of the Procurator General
sent an extradition request to the Kazakh Office of the Procurator General regarding the
complainant. The complainant’s detention for the purpose of extradition was extended on 9
April 2012, 3 May 2012, 1 September 2012, 25 December 2012 and 18 January 2013.
2.4
On 25 October 2012, the First Deputy Procurator General of Kazakhstan granted the
extradition request of the Office of the Procurator General of Uzbekistan on the basis of the
Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters
(the Minsk Convention) of 1993. The complainant appealed this decision before the Aktobe
City Court No. 2. On 25 December 2012, the extradition decision was confirmed by that
Court. On 3 January 2013, the complainant filed an appeal with the Aktobe Regional Court,
which was rejected on 18 January 2013. In his appeals, the complainant argued that the
criminal charges against him in Uzbekistan were fabricated and that he would risk torture if
extradited. Before the appellate instance court, he also claimed that the proceedings in the
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