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PUBLIC
AI Index: EUR 57/001/2006
25 April 2006
UA
100/06 Forcible return/torture/death
penalty
KAZAKSTAN/CHINA Yusuf Kadir Tohti
(also known as Erdagan) (m), aged 35
Abdukadir Sidik (m), aged 30
The two
Uighur men named above have been
detained in Kazakstan since around March
2006. Both men are originally from
China's Xinjiang Uighur Autonomous
Region (XUAR). The Chinese authorities
have reportedly requested their
extradition. If returned to China, they
would be at risk of serious human rights
violations, including torture or other
ill-treatment, and possibly the death
penalty if their "crimes" are deemed to
be "serious".
Yusuf
Kadir Tohti reportedly fled China for
Kazakstan in 1996, and became a
religious teacher. He was reportedly
arrested on 8 March 2006 by the
Kazakstani authorities. The Chinese
authorities have reportedly accused him
of “separatism” and asked for his
extradition.
Abdukadir
Sidik fled the XUAR in 1999 after he
publicly protested against the Chinese
authorities’ policy on minorities,
particularly their enforcement of the
family planning policy which limited the
number of children that Uighurs could
have. He had also protested against
harsh working conditions during
mandatory state labour which reportedly
lasts 45 days for men. He was reportedly
detained for two months in connection
with his political activities and views.
After his release Abdukadir Sidik
reportedly filed a complaint against a
local official. After he submitted his
complaint, the official reportedly came
to his house, beat him and threatened
him with further punishment. It was
after this that Abdukadir Sidik,
reportedly fearing for his safety, fled
China and was detained by Kazakstani
border officials when crossing the
border. He was charged by the Kazakstani
authorities with illegally crossing the
border and sentenced to six months'
imprisonment.
BACKGROUND INFORMATION
The
Chinese authorities have been mounting
a crackdown on the “three evil
forces” of “separatist, terrorist
and religious extremists” in the
XUAR. It has resulted in serious and
widespread human rights violations
directed against the region’s Uighur
community, prompting many of them to
flee the country. The crackdown has
intensified since the 11 September
2001 attacks in the USA, as China uses
the international "war on terror" as a
pretext to justify its policies of
repression in the region.
Over
recent years, Amnesty International
has monitored growing numbers of
forced returns of Uighurs to China
from several of its neighbouring
countries, including those of Central
Asia, such as Kazakstan. In some
recent cases, returnees are reported
to have been subjected to serious
human rights violations, including
torture, unfair trials and even
execution.
The
death penalty is used extensively and
often arbitrarily in China. Based on
public reports available, Amnesty
International estimated that at least
1,770 people were executed and 3,900
sentenced to death in 2005. The true
figures, which are classified as a "state
secret", are believed to be much
higher. A Chinese legal expert was
recently quoted as stating the true
figure for executions to be
approximately 8,000 per year. Over
recent years, Amnesty International
has documented several cases of
Uighurs being sentenced to death and
executed in the XUAR for alleged "separatist"
or "terrorist" activities.
RECOMMENDED ACTION: Please send
appeals to arrive as quickly as
possible, in Russian, Kazak, English
or your own language:
-
expressing concern at reports that the
Kazakstani authorities are preparing
to forcibly return two Uighur men,
Yusuf Kadir Tohti and Abdukadir Sidik,
to China, where they would be at risk
of torture and possibly execution;
- urging
the authorities not to forcibly return
the men and to ensure that they have
access to their families and lawyers
of their choice;
-
reminding Kazakstan of its obligations
as a State party to the UN Refugee
Convention that to forcibly return
anyone to China would be in
contravention of the principle of
non-refoulement, which prohibits
the return in any manner whatsoever of
any person to a situation where s/he
would be at risk of torture or other
serious human rights violations.
President of the Republic of Kazakstan
473000
Astana, ul. Beybitshilik 11,
Prezidentu NAZARBAEVU N.
Kazakstan
Fax:
+7 3172 32 40 89
Salutation: Dear President
You also
can send a letter from the President’s
website: http://www.akorda.kz/page.php?page_id=185&lang=2
Procurator General of the Republic of
Kazakstan
010000,
Astana, ul. Seyfullina 73 “a”,
Generalnomu prokuroru TUSUPBEKOVU
Kazakstan
Fax:
+7 3172 21 67 20
Email: kanc@pravstat.kz
gp-rk@mail.online.kz
Salutation: Dear Procurator
General
COPIES TO:
Human
Rights Ombudsman of Kazakstan
4,
Beibitshilik Str., Astana,
Upolnomochenomu po pravam cheloveka
BAIKADAMOVU B.
Kazakstan
Fax:
+7 31 72 32 17 67
E-mail: ombudsman@mail.kz
and to
diplomatic representatives of
Kazakstan accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY.
Check with the International
Secretariat, or your section office,
if sending appeals after 6 June 2006.
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