Pursuit of asylum seekers on the side of Ukrainian power is violation of norms of right and obligations of Ukraine

From June 15, 2010 the power structures of Ukraine carry out actions directed upon detention and keeping asylum seekers from Uzbekistan. People arriving to Ukraine and asking Ukrainian authority for protection are pursued attempting to pass them into the hands of those from whom they are trying to save.

Project “Without Borders” PO “Centre Social Action” stresses that further pursuits, detentions and imprisonment of asylum seekers from Uzbekistan by order of their pursuers, pressure upon the refugees’ families, their forcing out by Ukrainian authority from legal field makes violation of the norms of international law and national legislation, crying disrespect to human rights. Last actions of Ukrainian force structures will extremely harm refugees who naively believe in Ukraine’s keeping its own laws and international prestige of Ukraine as well.

Asylum seeker from Uzbekistan Umida Hamroeva living in Kyiv region was detained by officers of law enforcement agency of Ukraine early in the morning on June 15, 2010 at his house. The reason of detention became an announcement of his search by force structures of Republic of Uzbekistan – by those ones from whom Mr. Hamroev was trying to escape.  

This detention became the first in the series of pursuits and imprisonment of asylum seekers from Uzbekistan who stay in Ukraine on the legal basis applying for refugee status granting.  These detentions are carried out on demand of Uzbek authority that requests to return them back to Uzbekistan through accusations that are usually brought by political oppositions or independent religious communities. For the present moment four refugees are apprehended and more of them had to leave their place of residence in Ukraine fearing to be pursued. According to present statements, the families of Uzbek refugees are subjected to pressure of the workers of Ukrainian force structures: day and night visits, harassment of women and children, viewing of housing without orders, refusal to show documents on demand – only some behavior features of the workers of force structures with whom Uzbek refugees and their relatives acquainted well during the last month.

Refugees from Uzbekistan found themselves in a deadlock: arriving to Ukraine and keeping all norms of Ukrainian legislation they asked for asylum informing about pursuit on the side of Uzbek power – and because of this they are now imprisoned, under the threat of handing over to pursuers.   Ukrainian authority informed Uzbek force structures about detention intending to start extradition – that was the reason of intensive pressure on the refugees’ relatives in Uzbekistan. Two of four persons are now imprisoned being detained at their own house: the other two are at department of VGIRFO being detained after aiming to prolong registration of their place of living as it is demanded by Ukrainian legislation. Thus, Ukrainian power deprives refugees of possibility to live in accordance with the law: If they purpose to continue the validity of their documents so they will arise before the perspective of being imprisoned and further deportation to their pursuers; if they do not continue registration – it will be considered by law enforcement bodies as administrative infringement of the law.

Ukraine again finds itself on the verge of international scandal because of breaking of international right by state bodies and besides conventions signed and ratified by Ukraine that prohibit to send back refugees and asylum seekers to the countries of origin or extradite people there where they are threatened with tortures and violent treatment. Its anxiety by situation happened was already expressed by Ukrainian Council on Refugees’ Issues and International Movement “Amnesty international” that announced the Action of urgent aid as to detained asylum seekers. Newly innovated in June of the current year changes to Crime – Procedural Code of Ukraine concerning extradition –  a strict mechanism of extradition procedure and possibility to appeal against the decision about extradition were finally established. Situation with Uzbek refugees in Ukraine now will demonstrate whether Ukrainian power has intention to keep it own laws. However, it is now evident that resolved changes anyway do not protect the rights of asylum seekers.

Project “Without borders” states that it will use all available means of legal aid in order not to admit the violation of the people’s rights who addressed to Ukraine for protection and causing harm to them and international prestige of Ukraine as well. We also warn that pursuit of refugees continuing in Ukraine will represent violation of law from the side of those who acts in such a way.  We claim to stop pursuit of the refuges from Uzbekistan giving access to clear and fair procedure of asylum granting and release of detainees.

For receiving more detailed information, please contact: grassroots.kyiv@gmail.com

Source: http://helsinki.org.ua/index.php?id=1279876430