Great concern about pastor Djabbarbergenov case

Prosecutor General of Kazakhstan

Kazakhstan State Office of Public Prosecutor

8 Orynbor Street

(House of the ministries, entrance №2)

Astana

010000

Dear Mr Daulbayev

It is with great concern that we are writing to you this letter asking you to support us urgently in the following matter.

We understand that the law enforcement authorities of Kazakhstan have arrested and are detaining Mr Makset Djabbarbergenov who is a Christian wanted in Uzbekistan for spurious charges of “illegal” religious teaching and literature distribution.

We were informed that on 29 February 2012 the authorities of Uzbekistan put Mr Djabbarbergenov on a wanted list of the Commonwealth of Independent States for allegedly breaching Article 229-2 of the Uzbek Criminal Code, which punishes “violation of the procedure for teaching religion” and carries a maximum term of three years’ imprisonment.

Mr Djabbarbergenov, who has four children and whose wife is currently pregnant, is now awaiting the decision of the Extradition Division of the International Co-operation Department at the General Prosecutor’s Office of Kazakhstan regarding his extradition to Uzbekistan. 

We are fully aware of the Christian faith and actions of Mr Djabbarbergenov. However, it is apparent that the alleged “crime” he is accused of is, in fact, a completely legitimate activity under all international human rights conventions and under relevant laws of Kazakhstan.

Therefore, we are appealing to your sound judgment and kind consideration of this case, and asking you to prevent the extradition of Mr Makset Djabbarbergenov to Uzbekistan as there are sufficient grounds for keeping him in your country.

We are also in urgent contact with a number of US Congressmen, including Frank R. Wolf and Gus Bilirakis.

In writing this letter, we are hopeful that you will kindly consider our request taking into consideration that on 15 January 1999 the state of Kazakhstan signed The 1951 Convention relating to the Status of Refugees and the 1967 Protocol, which requires in their Article 33 that

“No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”

The above Article 33 is consistent with Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the state of Kazakhstan also signed on 21 February 2008.

Please take into account the apparent fact that Mr Djabbarbergenov and his Christian beliefs are in no way a danger to the security of the country. To the contrary, the Christian teaching he is advocating is supported by the vast majority of Christians in the world because it is entirely peaceable and does not direct its followers to commit breaches of law and peace. Mr Djabbarbergenov supports the Christian position, which specifically requires believers to submit to the authority of the state. This position is also completely compatible with all the laws on human rights.

In addition, we are delighted to know that in your recent meeting with Mrs Navenethem Pillay, the UN High Commissioner for Human Rights, in July 2012 you expressed your active support in the field of strengthening human rights protection, implementing of the UN recommendations on human rights, and emphasized that the accession of Kazakhstan to major international treaties on human rights has caused this issue to become the subject of special attention for prosecutors.

For these reasons we are optimistic that you will kindly assist in this important matter and allow Mr Djabbarbergenov to stay safely in your country.

We look forward to hearing from you as soon as possible.

Thank you.

Yours Sincerely,

Russian Ministries (USA)