Nazarali Pirnazarov, CA-News, Dushanbe

Human rights activist arrived in Tajikistan in search of political asylum, but has gone missing on February 26, 2010.

CA-News has a written request from Botakozuev's younger brother Muhammadsolih Muhammadtohir sent to all international organizations, including UN High Commissioner for Refugees Antonio Guterres, UN High Commissioner for Human Rights Navanethem Pillay, Special Representative of the European Union for Central Asia Pierre Morel. Letter is dated March 15, 2010.

Muhammadtohir said Botakozuev "is now in detention center on Young Guard St. in Dushanbe."

"I know that he was tortured. He has a weak heart and he is so exhausted that he can hardly move. He urgently needs medical treatment. He sits in solitary confinement, pale, because he is suffering from pain and injustice," it is written in the statement.

CA-News contacted Nadezhda Ataeva, president of Human Rights in Central Asia Association, who commented on the situation with Botakozuev:

- I should note that I can rely only on information that we received and were able to double-check. We try to be objective, but it is not for us to judge, especially considering that the Government of Tajikistan has not yet commented on the issue. We have sent a letter through Embassy of Tajikistan in Paris; it is important to know the opinion of head of UNHCR Office in Tajikistan.
 
- What can you say about his detention in Dushanbe?

- We found out that on February 26, 2010 Nematillo Botakozuev was returning home from a regular meeting with UNHCR staff in Tajikistan. On the way he was arrested by patrol service officers, because he had no passports or UNHCR ID with him. In general, his detention was reasonable. However, we know that our colleague Botakozuev immediately introduced himself and gave phone number of a UNHCR staff member in Tajikistan. Instead of determining whether citizen of Kyrgyzstan Nematillo Botakozuev is under UNHCR protection, officers accused him of illegally crossing the border and rorced give evidence against him and his relatives under torture.

In this situation, there are many violations of human rights stipulated in international agreements on human rights, signed by Tajikistan. Hence, on this basis we call upon all international missions, Governments of democratic community, human rights defenders and journalists to assess the situation. It is important to discuss it, identify the reasons for the lawlessness, and encourage human rights development in Tajikistan. This discussion will certainly be helpful in providing protection to refugees in Tajikistan.

I would like to draw your attention to the fact that if a person asks for international protection, is forced to cross the border illegally and UNHCR approves it – crossing of boundary is considered a way of escape. When escaping, many refugees violate borders, it is important that they do not violate other laws of the entered state. We know that Nematillo Botakozuev immediately appealed to UNHCR and explained the reasons for his force immigration. I do not justify illegal border crossing, but when accusing such actions of a person, it is important to determine the motive. I know Nematillo Botakuzueva personally and I know the reasons for which he was being persecuted in his country of origin. He is a respected human rights activist. This is a modest person, who never attracted attention, but always managed to attract attention to problems of victims of human rights violation. He enjoys confidence of the population in his country. 

"I know that he was tortured. He has a weak heart and he is so exhausted that can hardly move. He urgently needs medical treatment. He sits in solitary confinement, pale and hardly talks, because he is suffering from pain and injustice," the statement says.

The fact that Nematillo Botakozuev had tortured over two weeks and his location was concealed by law enforcement agencies, does not honor those who contributed to this human rights violation. All human rights organizations and mass media know about Kyrgyz human rights activist who had gone missing in Dushanbe. Tajikistan values its reputation and I am sure that this fact will not be left without Tajik Government's and society's attention.

- Why is Botakozuev prosecuted in Kyrgyzstan?

- Botakozuev was arrested three times on false charges In Kyrgyzstan.

He first attracted attention marrying Mavluda Abdulazizova (1969), Uzbek citizen, who was convicted under Article 159 of Criminal Code (violation of constitutional order of Uzbekistan) and was granted amnesty in July 1999. After warning about a new arrest, she moved to Nookat (Kyrgyzstan) to Botakozuev's house.

Ninth Division staff of Ministry of Internal Affairs of Uzbekistan visited Mavlyuda Abdulazizova in July 2004 in Kyrgyzstan. This department prosecutes individuals whom Uzbek authorities consider religious extremists. Botakozuev and Abdulazizova had two children by than time. At the same time Uzbek security services started putting pressure on Abdulazizova's relatives living in Uzbekistan. This is why Abdulazizova has been concealing her location since 2004. All these years Botakazuev was pressured to testify against Abdulazizova.

This pressure on Nematillo Botakozueva was intensified in October 2008 when members of the security services of Kyrgyzstan demanded from him a written pledge not to go to the central square to celebrate Nookat Orozo holiday (Yid-al Fitr - the Muslim holiday). He refused to write such a statement and asked director of Justice-Truth Human Rights Center (Kyrgyzstan) Ravshana Gapirova for held, and soon became a member of this organization. [Gapirova was jailed in March 2008, and released in December 2008].

On September 25, 2008 a group of Nookat citizens met with the head of the city administration Turdumamat Aliyev and asked to allow Orozo celebration in the central park of the city. Their request was rejected. Then the chief of city police for the first time publicly named Botakozuev leader of Wahhabis. Nematillo himself denies belonging to any religious group.

On October 1, 2008 he learned that there was a protest in the center of Nookat, where people threw stones at city administration building. He came there when the crown clamed down already. When the authorities learned that Nematillo Botakozuev gave information about the meeting to mass media, he was accused of being involved in organization of the meeting. This is exactly why he has been concealing his location since October 2008. Soon he was put on wanted list. As soon as he was able to leave Kyrgyzstan he turned to UNHCR Office in Tajikistan.

- What is Association of Human Rights in Central Asia planning to do?

- Our Association has already informed Office of UN High Commissioner for Refugees in Geneva and its representation in Tajikistan, UN special Representative on torture Manfred Nowak. We also have sent a letter to UN and attracted attention of Adviser to the OSCE Human Rights Benjamin Moreau. We reported our concern for the fate of human rights activist Nematillo Botakozuev to Special Representative of the European Union for Central Asia Pierre Morel and Foreign Ministries of EU states. WE already have confirmation that they received our information and we hope that in the nearest future Nematillo Botakozuev will receive medical care, representative of UNHCR and a lawyer. Of course, we will do everything we can for Botakozuev to receive full-fledged international protection, since, in our opinion, he is being pursued in Kyrgyzstan, for political reasons.