Bauyrzhan Azanov, lawyer, believes that deportation of Kaster Musakanuly and Murager Alimuly to China is impossible due to the international legislation.
"Kazakhstan ratified the UN Convention on the status of refugees and assumed all obligations regulated and established by the Convention, thus Kazakhstan cannot unilaterally refuse to implement this convention. If it does, it will violate the international law, and appropriate measures can be taken against Kazakhstan so that Kazakhstan, as a state, begins to be responsible for the actions of officials who make decisions on extradition or non-extradition, ”Azanov said.
In his words, the statement of the Deputy Chairman of the National Security Committee of Kazakhstan - Director of the Border Service of the National Security Committee of Kazakhstan Darkhan Dilmanov that Kaster Musakanuly and Murager Alimuly will be extradited to China does not fit into any framework.
“As a lawyer I can’t imagine that such gross violations can take place, extradition is impossible," he said.
At the same time, he clarified that Kaster Musakanuly and Murager Alimuly are now in the detention center of Ust-Kamenogorsk and are awaiting a trial. They are accused of committing a crime under Article 392 (deliberate illegal crossing of the state border of Kazakhstan).
In turn, lawyer Lyazzat Akhatova believes that the norms of the UN Convention on the Status of Refugees cannot be applied in respect of Kaster Musakanuly and Murager Alimuly.
“Article 33 of the Convention relating to the Status of Refugees cannot be applied to them because they have not been granted a refugee status, this issue has not been considered, it has been suspended due to opening of a criminal case, and will be considered by the commission after the trial. If they received a refugee status, this would free them from criminal liability, because the international law takes precedence over Kazakhstan, and they would not be deported to China, ” said Akhatova.
“If Kaster and Murager are found guilty, they will serve their sentences in Kazakhstan, and only then the question of their deportation may be raised. Now we have sent letters to the UN asking for political asylum in other countries, we have no hope for Kazakhstan," she said.
Photo source: picture from an open source