Identifier
Created
Classification
Origin
06BISHKEK867
2006-06-13 09:55:00
CONFIDENTIAL
Embassy Bishkek
Cable title:
SUPREME COURT DENIES ASYLUM TO FINAL UZBEK
how-toVZCZCXRO6814 OO RUEHDBU RUEHDT RUEHLMC DE RUEHEK #0867/01 1640955 ZNY CCCCC ZZH O 130955Z JUN 06 FM AMEMBASSY BISHKEK TO RUEHC/SECSTATE WASHDC IMMEDIATE 7617 INFO RUCNCIS/CIS COLLECTIVE PRIORITY RUCNMCT/MCC THRESHOLD COLLECTIVE PRIORITY RUEHAK/AMEMBASSY ANKARA PRIORITY 0600 RUEHBJ/AMEMBASSY BEIJING PRIORITY 1597 RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 0456 RUEHBUL/AMEMBASSY KABUL PRIORITY 0230 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0157 RUEAIIA/CIA WASHDC PRIORITY RHEFDIA/DIA WASHDC PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL PRIORITY RUEHNO/USMISSION USNATO BRUSSELS BE PRIORITY RUEHVEN/USMISSION USOSCE PRIORITY 1988 RUCNDT/USMISSION USUN NEW YORK PRIORITY 1365 RUEKJCS/SECDEF WASHDC PRIORITY RUEHBS/USEU BRUSSELS PRIORITY RUEKJCS/OSD WASHDC PRIORITY RUEHGV/USMISSION GENEVA PRIORITY 0242 RUEHUNV/USMISSION UNVIE VIENNA PRIORITY 0198
C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 000867
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/13/2016
TAGS: PREF PGOV PREL PHUM UZ RU KG
SUBJECT: SUPREME COURT DENIES ASYLUM TO FINAL UZBEK
REFUGEE; UNHCR FEARS DEPORTATION
REF: A. BISHKEK 642
B. BISHKEK 624
Classified By: Charge d'Affaires Donald Lu, reasons 1.4 (b) and (d)
C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 000867
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/13/2016
TAGS: PREF PGOV PREL PHUM UZ RU KG
SUBJECT: SUPREME COURT DENIES ASYLUM TO FINAL UZBEK
REFUGEE; UNHCR FEARS DEPORTATION
REF: A. BISHKEK 642
B. BISHKEK 624
Classified By: Charge d'Affaires Donald Lu, reasons 1.4 (b) and (d)
1. (C) SUMMARY: On June 13, the Supreme Court upheld the
decision of a lower court to deny refugee status to the last
of the remaining four Uzbek refugees who have been in
detention since summer 2005. The court decision brings to an
end the asylum seekers' lengthy legal battle to remain in
Kyrgyzstan. UNHCR Country Representative Carlos Zaccagnini
told PolOff on June 13 he fears that the court decision will
open the door to a Kyrgyz Government decision to refoul the
four refugees, although UNHCR does not think deportation is
imminent. Zaccagnini told PolOff that UN Secretary General
Kofi Annan will likely call President Bakiyev within the next
few days to urge Bakiyev to turn the four refugees over the
UNHCR for resettlement abroad. END SUMMARY.
SUPREME COURT DECISION OPENS DOOR TO DEPORTATION
-------------- ---
2. (SBU) On June 13, the Supreme Court upheld a lower court
decision to deny refugee status to the final of four Uzbek
refugees who have been in Kyrgyz custody since fleeing to
Kyrgyzstan in May of 2005. The ruling means that the Kyrgyz
Department of Migration Services' original decision to deny
the four refugees asylum ) a decision the four had
challenged in the courts - will stand. The Supreme Court
decision exhausted all legal recourse for the refugees.
3. (C) UNHCR Country Representative Carlos Zaccagnini said
the Court decision opens the door to a Kyrgyz Government
decision to deport the four back to Uzbekistan. Zaccagnini
said he was told by Kyrgyz Security Council Secretary
Miroslav Niyazov that no decision would be taken on whether
or not to deport the four until after the Supreme Court
decides on the appeals of all four (reftel a). Zaccagnini
said that with the appeals process finished, the Kyrgyz could
move quickly to refoul the four, but said any such decision
in the coming days is unlikely.
4. (C) Zaccagnini said UNHCR had been expecting this
decision by the Supreme Court, and that UN General Secretary
Kofi Annan was on standby to place a call to President
Bakiyev to urge him to turn the four refugees over the UNHCR
for resettlement abroad. According to Zaccagnini, all four
refugees have been offered refugee status by third countries
(reftel a).
5. (C) COMMENT: The Supreme Court decision removes the
final legal obstacle between the Uzbek refugees and
deportation back to Uzbekistan. Nevertheless, a decision to
refoul the four is unlikely in the very short term, given the
fact that President Bakiyev and much of the rest of the
government is heading to Shanghai for the June 14-15 SCO
Summit and then off to Astana next week. Unless a decision
has already been made to send the four back, President
Bakiyev himself will likely have to decide their fate.
6. (C) COMMENT CONT'D: Unfortunately, there seem to be few,
if any, senior officials in the Kyrgyz government willing to
argue against refoulement. Both the Procurator General and
Foreign Minister have in recent months openly advocated
deporting the four, and UNHCR told the Embassy that Russian
President Putin advocated sending back the four as a way of
improving Kyrgyz-Uzbek relations (reftel b). Nevertheless,
as has happened several times in the past, rapid action by
the international community has been effective in preventing
refoulement of other Uzbek refugees, and could well tip the
balance this time around as well. This week, Post will press
the Ministry of Foreign Affairs and Presidential
BISHKEK 00000867 002 OF 002
Administration not to deport the four.
LU
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/13/2016
TAGS: PREF PGOV PREL PHUM UZ RU KG
SUBJECT: SUPREME COURT DENIES ASYLUM TO FINAL UZBEK
REFUGEE; UNHCR FEARS DEPORTATION
REF: A. BISHKEK 642
B. BISHKEK 624
Classified By: Charge d'Affaires Donald Lu, reasons 1.4 (b) and (d)
1. (C) SUMMARY: On June 13, the Supreme Court upheld the
decision of a lower court to deny refugee status to the last
of the remaining four Uzbek refugees who have been in
detention since summer 2005. The court decision brings to an
end the asylum seekers' lengthy legal battle to remain in
Kyrgyzstan. UNHCR Country Representative Carlos Zaccagnini
told PolOff on June 13 he fears that the court decision will
open the door to a Kyrgyz Government decision to refoul the
four refugees, although UNHCR does not think deportation is
imminent. Zaccagnini told PolOff that UN Secretary General
Kofi Annan will likely call President Bakiyev within the next
few days to urge Bakiyev to turn the four refugees over the
UNHCR for resettlement abroad. END SUMMARY.
SUPREME COURT DECISION OPENS DOOR TO DEPORTATION
-------------- ---
2. (SBU) On June 13, the Supreme Court upheld a lower court
decision to deny refugee status to the final of four Uzbek
refugees who have been in Kyrgyz custody since fleeing to
Kyrgyzstan in May of 2005. The ruling means that the Kyrgyz
Department of Migration Services' original decision to deny
the four refugees asylum ) a decision the four had
challenged in the courts - will stand. The Supreme Court
decision exhausted all legal recourse for the refugees.
3. (C) UNHCR Country Representative Carlos Zaccagnini said
the Court decision opens the door to a Kyrgyz Government
decision to deport the four back to Uzbekistan. Zaccagnini
said he was told by Kyrgyz Security Council Secretary
Miroslav Niyazov that no decision would be taken on whether
or not to deport the four until after the Supreme Court
decides on the appeals of all four (reftel a). Zaccagnini
said that with the appeals process finished, the Kyrgyz could
move quickly to refoul the four, but said any such decision
in the coming days is unlikely.
4. (C) Zaccagnini said UNHCR had been expecting this
decision by the Supreme Court, and that UN General Secretary
Kofi Annan was on standby to place a call to President
Bakiyev to urge him to turn the four refugees over the UNHCR
for resettlement abroad. According to Zaccagnini, all four
refugees have been offered refugee status by third countries
(reftel a).
5. (C) COMMENT: The Supreme Court decision removes the
final legal obstacle between the Uzbek refugees and
deportation back to Uzbekistan. Nevertheless, a decision to
refoul the four is unlikely in the very short term, given the
fact that President Bakiyev and much of the rest of the
government is heading to Shanghai for the June 14-15 SCO
Summit and then off to Astana next week. Unless a decision
has already been made to send the four back, President
Bakiyev himself will likely have to decide their fate.
6. (C) COMMENT CONT'D: Unfortunately, there seem to be few,
if any, senior officials in the Kyrgyz government willing to
argue against refoulement. Both the Procurator General and
Foreign Minister have in recent months openly advocated
deporting the four, and UNHCR told the Embassy that Russian
President Putin advocated sending back the four as a way of
improving Kyrgyz-Uzbek relations (reftel b). Nevertheless,
as has happened several times in the past, rapid action by
the international community has been effective in preventing
refoulement of other Uzbek refugees, and could well tip the
balance this time around as well. This week, Post will press
the Ministry of Foreign Affairs and Presidential
BISHKEK 00000867 002 OF 002
Administration not to deport the four.
LU