KAZAKHSTAN: PROGRESS ON UZBEK REFUGEE CASE

UNCLAS ALMATY 002545

SIPDIS

SENSITIVE

SIPDIS

DEPARTMENT FOR SCA/CEN (J. MUDGE),DRL/PHD (C. KUCHTA-
HELBLING),DRL/IRF (N. HEWETT),PRM/ECA (R. OLSON)

GENEVA FOR RMA

E.O. 12958: N/A
TAGS: PHUM PREF UZ KZ
SUBJECT: KAZAKHSTAN: PROGRESS ON UZBEK REFUGEE CASE

REF: Almaty 2291


1. (SBU) Summary: Kazakhstani authorities granted UNHCR
access to Uzbek refugee Gabdurafikh Temirbayev on July 11.
UNHCR reports that Temirbayev is in good physical and mental
condition. The GOK has also said that it will permit a
joint review by the UNHCR and the Almaty procuracy of
documentation related to the government of Uzbekistan's
allegations against Temirbayev. End summary.

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UNHCR Given Access to Temirbayev
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2. (SBU) UNHCR representative Cesar Dubon informed the
Ambassador on July 13 that Kazakhstani authorities had
granted access to Uzbek refugee Gabdurafikh Temirbayev for
UNHCR representatives and Temirbayev's wife on July 11.
They spent about 40 minutes with Temirbayev, who has been in
KNB custody since June 24 as a result of an Uzbek
extradition request. According to Dubon, Temirbayev appears
to be in good physical and mental condition.


3. (SBU) Temirbayev, an Uzbek citizen who holds a UNHCR
refugee certificate, insisted to Dubon that he is not guilty
of the crimes the government of Uzbekistan alleges.
(Background: On July 7, the MFA forwarded a non-paper to
UNHCR and post conveying details of Temirbayev's situation.
According to the non-paper, on June 7 the General Procuracy
ordered the KNB and MVD to locate and detain Temirbayev in
connection with a request from the Uzbek government. The
GOU informed the GOK that Temirbayev was part of the group
that carried out the March 2004 attacks in Uzbekistan. The
non-paper claimed that the 1951 Convention on Refugees did
not prevent the extradition of persons who pose a threat to
national security. The paper concluded that in light of the
GOU request and the Minsk Convention, the General Procuracy
"has full grounds to extradite this Uzbek citizen." Full
text emailed to SCA/CEN.)

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Joint PGO-UNHCR Review of Uzbek Allegations
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4. (SBU) After seeing Temirbayev, Dubon reported, UNHCR
representatives met with the General Procuracy. The two
sides discussed the allegations of the Uzbek government and
agreed that further review of the case is necessary. The
Kazakhstani government will therefore provide documentation
for joint review in Almaty by UNHCR and the local Procuracy
office. According to Dubon, the review process is to begin
as soon as the local procuracy office is brought up to speed
on the case.


5. (SBU) Dubon commented to the Ambassador that UNHCR, based
on its experiences with similar Uzbek cases in the past,
believes that the allegations are likely baseless. The GOK
confirmed that there are no Kazakhstani charges against
Temirbayev.


6. (SBU) Comment: The fact that the Kazakhstani government
has ended its long silence on this case by granting UNHCR
access and offering to conduct a joint review of the Uzbek
government's allegations is encouraging. It appears that
the threat of deportation is on hold for the time being. It
remains to be seen, however, to what degree the GOK will
heed UNHCR's views on the validity of the evidence against
Temirbayev. End comment.

ORDWAY