US embassy cable - 05ALMATY2503

UNCLAS  ALMATY 002503 
 
SIPDIS 
 
STATE FOR EUR/CACEN (J. MUDGE), DRL/PHD (P. DAVIS, C. KUCHTA- 
HELBLING), AND PRM/ECA (E. TOURE, T. TARGOS) 
TBILISI FOR REFCOORD SARGE CHEEVER 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KDEM, PHUM, PINR, SMIG, IO, UZ, KZ, POLITICAL 
SUBJECT: DETAINED UZBEK REFUGEE FACING DEPORTATION 
 
1.  (SBU) SUMMARY: Concerned about governmental retaliation 
for his role in reporting on the recent events in Andijon, 
Uzbek human rights observer Lutfullo Shamsudinov fled with 
his family to Kazakhstan in late May.  UNHCR formally 
determined on June 24 that Shamsudinov was a bona fide 
refugee, notified the GOK of its determination, and began 
resettlement proceedings.  Migration Police in Almaty, 
however, detained the entire family on July 4 pursuant to a 
law enforcement request from the GOU.  Although his family 
was later released, Shamsudinov remains in detention. UNHCR 
and Embassy have pressed for Shamsudinov's release, but some 
local authorities are maintaining that he must be returned 
to Uzbekistan to face criminal charges.  END SUMMARY. 
 
BACKGROUND AND TIMELINE 
----------------------- 
2. (SBU) Lutfullo Shamsudinov, a well-known Uzbek human 
rights observer who worked in the NGO community and as a 
contributor for foreign press agencies, fled Uzbekistan and 
sought refuge in Kazakhstan following the events in Andijon 
and contacted the UNHCR office in Almaty to request 
assistance.  Through a local human rights NGO, Shamsudinov 
received a small subsistence grant from International League 
for Human Rights, which enabled him to obtain temporary 
lodging for his family of seven.  On June 24, Shamsudinov 
received a UNHCR refugee certificate indicating that he had 
been determined to be a refugee under the UNHCR mandate and 
that he and his family were awaiting resettlement. 
 
3.  (SBU) Prior to UNHCR's determination, Shamsudinov 
reached out to press and international contacts to publicize 
his plight and request assistance.  Shamsudinov contacted 
the Embassy and expressed fear that he and/or his family 
would be kidnapped by the Uzbek government and forcibly 
returned to Uzbekistan.  UNHCR, Post and other international 
observers remained in close contact to monitor the 
situation.  On July 4, Migration Police in Almaty detained 
the family pursuant to a law enforcement bulletin issued by 
the GOU.  Although Shamsudinov's family was released within 
hours, Shamsudinov remains in custody, and UNHCR has had 
little success in gaining access to him, much less getting 
him released. 
 
BACK AND FORTH WITH THE GOK 
--------------------------- 
4. (SBU) UNHCR Almaty-based protection officer Narasima Rao 
told Emboff on July 6 that UNHCR is facing an increasingly 
hardened front from GOK authorities on Shamsudinov. The 
state prosecutor handling the case refused Rao's July 5 
request for access to Shamsudinov, calling the Uzbek a 
"terrorist".  Rao characterized the prosecutor's tone as 
"very aggressive." The prosecutor indicated, however, that 
if the MFA gave the green light, he would release 
Shamsudinov. 
 
5.  (SBU) MFA, however, has proved difficult to pin down. On 
July 6, UNHCR was unable to reach Deputy Foreign Minister 
Shakirov, with whom the UNHCR had a hitherto good working 
relationship.  Both Rao and UNHCR Astana field officer 
Branislav Kojic reported feeling stonewalled by working 
level contacts, some of whom blamed lack of availability on 
the July 5-6 Shanghai Cooperation Organization (SCO) Summit 
in Astana. Interventions by UNHCR in Geneva also yielded 
little progress. At a July 5 meeting with the UNHCR head for 
Central Asia, Africa, and the Middle East, the Kazakhstani 
Head of the Permanent Mission to the UN in Geneva said that 
while Kazakhstan would not deport refugees, authorities were 
free to send "terrorists" back at the request of neighboring 
countries. 
 
6. (SBU) Rao was surprised at Kazakhstan's detention of 
Shamsudinov. He said that at a June 29 meeting with Cesare 
Dubon, the UNHCR chief for Central Asia, DFM Shakirov 
reacted positively, if guardedly, to a suggestion that the 
GOK play a leading role in the refugee crisis, including 
setting up a "humanitarian corridor".  Although the GOK has 
been reluctant to pass a Refugee Law to formalize 
commitments to international standards of protection, the 
country does not have a history of forcibly deporting 
refugees back to the country they fled. 
 
7. (SBU) Rao asserted that the next twenty-four to forty 
eight hours are crucial for Shamsudinov. If not released in 
that time, he believes Shamsudinov would most likely be 
deported back to Uzbekistan.  UNHCR is hoping that the GOK 
will release Shamsudinov on the condition that he leaves the 
country almost immediately thereafter. 
 
POST ACTION 
----------- 
 
8. (SBU)Since Shamsudinov contacted us on the night of his 
detention, July 4th, we have been in closely monitoring the 
situation.  EmbOffs in Almaty and Astana have been 
coordinating with their UNHCR counterparts, as well as 
contacts at IOM, OSCE, local NGOs, and other Embassies.  On 
June 30, Astana Principal Officer demarched MFA's Director 
for Economic and Humanitarian Cooperation Akan Rakhmetulin, 
to express strong USG support for UNHCR's request that 
Kazakhstan accept refugees from neighboring countries 
pursuant to UNHCR resettlement proceedings.  Based on 
concerns about the Shamsudinov case, Astana PO delivered a 
non-paper on July 5 to MFA Chief of Department of Americas 
and Europe Jandos Asanov, requesting that the GOK extend all 
appropriate rights and protections to Shamsudinov based on 
his formal refugee status.  MFA remained noncommittal during 
both exchanges, although Asanov acknowledged the serious 
nature of Shamsudinov's case. 
 
9. (SBU) Ambassador's attempt to reach FM Tokayev were 
rebuffed on July 5th and 6th on grounds that the Minister 
was busy with the President and could not speak to the 
Ambassador by telephone. The Ambassador did manage to reach 
Presidential Assistant Karim Masimov who promised to look 
into the matter and get back to him. Questions were also 
raised at the Ambassador's regularly scheduled press 
conference earlier on July 6th, allowing him to express 
publicly our concern and make clear the GOK's obligation not 
to return Shamsudinov to Uzbekistan. 
 
COMMENT 
------- 
 
10. (SBU) Karimov's presence is Astana for the SCO meeting 
may have played a role in the decision to detain 
Shamsudinov. Privately, Kazakhstani officials have been 
scathing about his rule in Uzbekistan. However, President 
Nazarbayev's approving comments on the eve of the SCO about 
the approach the GOU took in Andijon signaled a far more 
accommodating line towards Karimov. Shamsudinov may be an 
unfortunate victim of this approach unless the GOK can be 
convinced that the damage to their international reputation, 
and interests ranging from U.S. certification to their 
campaign for the OSCE Chairmanship-in-office, are a price 
too high to pay for approving Karimov. 
 
11. (U) Minimize for Dushanbe considered. 
 
ORDWAY 
 
 
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