URGENT ACTION APPEAL


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25 April 2006
UA 100/06       Forcible return/torture/death penalty

KAZAKSTAN/CHINA:        Yusuf Kadir Tohti (also known as
Erdagan) (m), aged 35
                Abdukadir Sidik (m), aged 30

The two Uighur men named above have been detained in Kazakstan
since around March 2006. Both men are originally from China's
Xinjiang Uighur Autonomous Region (XUAR). The Chinese
authorities have reportedly requested their extradition. If returned to
China, they would be at risk of serious human rights violations,
including torture or other ill-treatment, and possibly the death penalty
if their ''crimes'' are deemed to be ''serious''.

Yusuf Kadir Tohti reportedly fled China for Kazakstan in 1996, and
became a religious teacher. He was reportedly arrested on 8 March
2006 by the Kazakstani authorities. The Chinese authorities have
reportedly accused him of ''separatism'' and asked for his extradition.

Abdukadir Sidik fled the XUAR in 1999 after he publicly protested
against the Chinese authorities' policy on minorities, particularly their
enforcement of the family planning policy which limited the number of
children that Uighurs could have. He had also protested against
harsh working conditions during mandatory state labour which
reportedly lasts 45 days for men. He was reportedly detained for two
months in connection with his political activities and views. After his
release Abdukadir Sidik reportedly filed a complaint against a local
official. After he submitted his complaint, the official reportedly came
to his house, beat him and threatened him with further punishment. It
was after this that Abdukadir Sidik, reportedly fearing for his safety,
fled China and was detained by Kazakstani border officials when
crossing the border. He was charged by the Kazakstani authorities
with illegally crossing the border and sentenced to six months'
imprisonment.

BACKGROUND INFORMATION
The Chinese authorities have been mounting a crackdown on the
''three evil forces'' of ''separatist, terrorist and religious
extremists'' in
the XUAR. It has resulted in serious and widespread human rights
violations directed against the region's Uighur community, prompting
many of them to flee the country. The crackdown has intensified
since the 11 September 2001 attacks in the USA, as China uses the
international ''war on terror'' as a pretext to justify its policies of
repression in the region.

Over recent years, Amnesty International has monitored growing
numbers of forced returns of Uighurs to China from several of its
neighbouring countries, including those of Central Asia, such as
Kazakstan. In some recent cases, returnees are reported to have
been subjected to serious human rights violations, including torture,
unfair trials and even execution.

The death penalty is used extensively and often arbitrarily in China.
Based on public reports available, Amnesty International estimated
that at least 1,770 people were executed and 3,900 sentenced to
death in 2005. The true figures, which are classified as a ''state
secret'', are believed to be much higher. A Chinese legal expert was
recently quoted as stating the true figure for executions to be
approximately 8,000 per year. Over recent years, Amnesty
International has documented several cases of Uighurs being
sentenced to death and executed in the XUAR for alleged
''separatist'' or ''terrorist'' activities.

RECOMMENDED ACTION: Please send appeals to arrive as
quickly as possible:
- expressing concern at reports that the Kazakstani authorities are
preparing to forcibly return two Uighur men, Yusuf Kadir Tohti and
Abdukadir Sidik, to China, where they would be at risk of torture and
possibly execution;
- urging the authorities not to forcibly return the men and to ensure
that they have access to their families and lawyers of their choice;
- reminding Kazakstan of its obligations as a State party to the UN
Refugee Convention that to forcibly return anyone to China would be
in contravention of the principle of non-refoulement, which prohibits
the return in any manner whatsoever of any person to a situation
where s/he would be at risk of torture or other serious human rights
violations.

APPEALS TO:
President of the Republic of Kazakstan
473000 Astana, ul. Beybitshilik 11, Prezidentu NAZARBAEVU N.
Kazakstan
Fax: 0117 3172 32 40 89
Salutation:     Dear President
You also can send a letter from the President's website:
http://www.akorda.kz/page.php?page_id=185&lang=2

Procurator General of the Republic of Kazakstan
010000, Astana, ul. Seyfullina 73 ''a'', Generalnomu prokuroru
TUSUPBEKOVU
Kazakstan
Fax: 011 7 3172 21 67 20
Email: kanc at pravstat.kz; gp-rk at mail.online.kz
Salutation:     Dear Procurator General

COPIES TO:
Human Rights Ombudsman of Kazakstan
4, Beibitshilik Str., Astana, Upolnomochenomu po pravam cheloveka
BAIKADAMOVU B.
Kazakstan
Fax: 011 7 31 72 32 17 67
E-mail: ombudsman at mail.kz

Ambassador Kanat B. Saudabayev
Embassy of the Republic of Kazakhstan
1401 16th St NW
Washington DC 20036-2201
Fax: 1 202 232 5845
Email: kazakh.embusa at verizon.net

Please send appeals immediately. Check with the Colorado office
between 9:00 am and 6:00 pm, Mountain Time, weekdays only, if
sending appeals after June 6, 2006.

Amnesty International is a worldwide grassroots
movement that promotes and defends human rights.

This Urgent Action may be reposted if kept
intact, including contact information and stop
action date (if applicable).
Thank you for your help with this appeal.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax:     303 258 7881

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END OF URGENT ACTION APPEAL
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