The life of our political activist, Dilmurod Ergashev, in Germany is under threat of deportation to Tajikistan. We urgently appeal to the government of Germany and international human rights organizations to prevent the deportation of political activists to Tajikistan.
Situation
On October 28, 2024, a member of our movement “Reforms and Development of Tajikistan,” Mr. Dilmurod Ergashev (date of birth: 04.12.1984), was detained by police officers of the Federal Republic of Germany at the Ausländerbehörde Kreis Kleve, located at Nassauerallee 18, 47533 Kleve, Germany, around 08:00. He was taken to the administrative court of the city of Kleve, where he was placed in custody. During the court proceedings, a decision was made to deport him to Tajikistan between November 5 and 7, despite the fact that his application for political asylum is still under consideration in another administrative court.
Since December 2014, Mr. Ergashev has been a member of the opposition movement “Group 24” and has actively participated in ist activities. He took part in numerous peaceful protests, including demonstrations held in Berlin in front of the Tajik embassy in April 2015, December 10, 2018, September 28–29, 2023, and in other cities in Germany. Mr. Ergashev has also actively opposed the regime of Emomali Rahmon, disseminating informational materials on social networks, promoting democratic values, and defending human rights. Since the founding of the opposition movement “Reforms and Development of Tajikistan” on March 15, 2018, and up to the present time, he has remained an active member of the movement and voluntarily supports ist activities.
In February 2011, Mr. Ergashev filed an application for political asylum in Germany. Despite substantial evidence of his persecution in Tajikistan, his application was not properly reviewed for more than 13 years. He was not provided with language courses or integration programs, nor was he granted permission to work. Recently, the Federal Republic of Germany has made serious errors and gross human rights violations, contravening international law, including ist obligations under Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and inhumane or degrading treatment. Article 3 of the ECHR explicitly states that under no circumstances should deportation be allowed if there is a risk of torture or cruel treatment upon return to the home country.
Moreover, Article 33 of the 1951 Geneva Convention relating to the Status of Refugees explicitly prohibits the expulsion or forced return of refugees to countries where they face torture, persecution, or other serious violations of their rights. Under the principle of non-refoulement, which is recognized as a customary international law norm, no one can be expelled or returned to a country where their life or freedom would be threatened.
One example of the violation of these principles was the deportation of Abdullo Shamsiddin, an active protester and the son of a member of the political council of the banned Islamic Renaissance Party of Tajikistan. Abdullo Shamsiddin, 32, was deported from Germany to Tajikistan on January 18, 2023, detained upon arrival, placed in the detention center of the State Committee for National Security, and subsequently sentenced to seven years in prison.
Another example is the deportation of political activist Bilol Qurbonaliev, a member of “Group 24,” on November 24, 2023. Qurbonaliev participated in protests against President Emomali Rahmon’s visit to Berlin on September 28–29, 2023. After his deportation, he was detained by the National Security Committee and sentenced to 10 years in prison in February 2024 for his political activities.
Appeal
In recent years, the Tajik opposition has been subjected to transnational repression in EU countries. Such errors on the part of the Federal Republic of Germany are unacceptable for a democratic state that is obliged to protect the rights of political activists whose lives are under serious threat. These actions suppress the Tajik opposition abroad and undermine any democratic initiatives for reforms in Tajikistan. We regard this as support for the authoritarian regime of Emomali Rahmon.
We appeal to the Bundesamt für Migration und Flüchtlinge (BAMF) to carefully review Mr. Ergashev’s asylum application. Based on the practice of the Federal Office for Migration and Refugees and in view of Germany’s international obligations, we are deeply concerned that a mistake could lead to his deportation to Tajikistan, where he faces a lengthy prison sentence for his political activities and criticism of the government.
We strongly urge consideration of all circumstances in Mr. Ergashev’s case and to ensure ist review with maximum caution and objectivity. As one of the leading democratic countries, the Federal Republic of Germany is obligated to strictly adhere to ist international commitments under the Refugee Convention, the European Convention on Human Rights, and other international treaties. We call on the German authorities to grant Mr. Ergashev political asylum and to prevent his deportation to Tajikistan.
We call on key international organizations — the Office of the United Nations High Commissioner for Human Rights (UNHCHR), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe, the OSCE and ist Office for Democratic Institutions and Human Rights (ODIHR), the UN Human Rights Council, Amnesty International, Human Rights Watch, the Norwegian Helsinki Committee, and other international human rights organizations — to urgently intervene and take all possible measures to prevent Mr. Ergashev’s deportation to Tajikistan, where his life and freedom are in serious danger. We urge these organizations to use their mechanisms to pressure the German government and ensure compliance with international human rights obligations.
Considering that Germany has previously committed serious breaches of ist international obligations by deporting several political activists who were subsequently sentenced to lengthy prison terms in Tajikistan, we strongly call on the international community to closely monitor the actions of the German authorities and promptly respond to threats to human rights.
Link to Dilmurod Ergashev’s Facebook page: https://www.facebook.com/profile.php?id=100010474962377
Respectfully,
Sharofiddin Gadoev
Chairman of the “Reforms and Development of Tajikistan” movement
Amsterdam, Netherlands
October 28, 2024
