Violation of the rights of political refugees and illegal extradition of Sukhrobi Zafar and Nasim Sharipov from Turkey to Tajikistan.
Dear Mr. Grandi,
I am writing to you with an urgent request for intervention in the case of Sukhrobi Zafar, the leader of the political movement “Group 24,” and his associate, Nasim Sharipov, who were illegally abducted from Turkey and forcibly transferred to Tajikistan. They now face the threat of torture, an unfair trial, and long-term imprisonment on fabricated charges without access to independent legal defense.
Case Background:
Sukhrobi Zafar and Nasim Sharipov, prominent opposition figures who were granted political asylum in Turkey due to threats to their lives and freedom in their homeland, were abducted in February and March 2024, despite their refugee status. On August 9, 2024, Tajikistan’s Prosecutor General Yusuf Rahmon confirmed that Zafar and Sharipov are in Dushanbe and are under investigation. These actions represent gross violations of international law, including the 1951 Refugee Convention, the 1967 Protocol, and the Convention Against Torture.
Violated Articles of Conventions:
- Article 32 of the Refugee Convention:
This article prohibits the expulsion of a refugee to a territory where their life or freedom would be threatened. The abduction and deportation of Sukhrobi Zafar violate his right to protection from expulsion. - Article 33 of the Refugee Convention:
The principle of non-refoulement prohibits the return of a refugee to a country where they face persecution, torture, or cruel treatment. In Tajikistan, Zafar and Sharipov face precisely such dangers, making their deportation a violation of this article. - Article 3 of the Convention Against Torture:
This article prohibits the transfer of a person to a state where there are substantial grounds for believing that they would be subjected to torture. In this case, there is a real risk that Zafar and Sharipov will be subjected to torture and cruel treatment in Tajikistan.
International Crimes:
The illegal extradition of Sukhrobi Zafar and Nasim Sharipov without due legal process, with the clear threat of torture and prosecution on fabricated charges, constitutes severe violations of international law and can be regarded as international crimes, including abduction, violence, enforced disappearance, and extraordinary rendition.
- Enforced Disappearance:
According to Article 7(1)(i) of the Rome Statute of the International Criminal Court, enforced disappearance may qualify as a crime against humanity if it is carried out systematically as part of state policy.
- Extraordinary Rendition:
Extradition without legal due process and with the threat of torture violates Article 3 of the European Convention on Human Rights and Article 3 of the Convention Against Torture. Extraordinary rendition also contradicts international standards set forth in these conventions.
- Torture:
Article 1 of the Convention Against Torture defines torture as any act causing severe pain or suffering, intentionally inflicted for a specific purpose. The threat of torture, if credible and likely to be carried out, constitutes a violation of this article.
Request:
In light of the above, I urgently request that you use all available political and legal mechanisms under international law to protect the rights of Sukhrobi Zafar and Nasim Sharipov. Immediate intervention is needed to secure their release and provide them with international protection. I also request an investigation into the circumstances of their illegal extradition from Turkey and the prosecution of those responsible.
Conclusion:
I trust in your prompt intervention and assistance in protecting the rights and freedoms of Sukhrobi Zafar and Nasim Sharipov.
Sincerely,
Sharofiddin Gadoev,
Leader of the Movement for Reform and Development of Tajikistan
August 23, 2024, Amsterdam
