Legal arrangements
of the Russian Federation do not protect the interests of its citizens who were
previously citizens of Uzbekistan.
The practice is as follows: when those who renounce Uzbek citizenship
arrive in Uzbekistan as citizens of the Russian Federation, on Russian
passport, they not only violate the passport regime, but also face prosecution
under the following articles of the Criminal Code of Uzbekistan:
– 223 (Illegal Exit from or Entry into the Republic of
Uzbekistan) (punishable by a fine or imprisonment for up to 10 years);
– 157 «High Treason», 160 «Espionage», applicable to
current and former military personnel and employees of the law enforcement
agencies, (punishable by imprisonment for up to 20 years).
Official Tashkent accused many individuals, born in Uzbekistan, who
acquired the citizenship of the Russian Federation of involvement in informal
religious groups and communities. Many of them have been put on the wanted
list. We know of cases where Russia extradited them to Uzbekistan, despite the
fact that, in accordance with Article 61 of the Constitution of the Russian
Federation, citizen of the Russian Federation may not be deported from Russia
or extradited to another state. Individuals in the above-mentioned categories,
most often, have two passports (Uzbek and Russian); this is because they hide from
the Uzbek authorities the fact that they have dual citizenship, in order to be
able to come to visit their families.
Under the current legislation of Uzbekistan, in accordance with articles
19 (Grounds for Termination of Citizenship of the Republic of Uzbekistan), 20
(The Secession from Citizenship of the Republic of Uzbekistan) and 21 (Forfeiture
of Citizenship of the Republic of Uzbekistan) of the Law on Citizenship of the
Republic of Uzbekistan, the renunciation of the citizenship of Uzbekistan is
lawful from the date of publication of the Decree of the President of
Uzbekistan. However, the public is not aware of the existence of at least one
such decree.
For registration of Russian citizenship, it is sufficient to show the declaration
of renunciation attested by a notary and sent by registered mail to the Embassy
of Uzbekistan. Applications for renunciation of citizenship, sent to the
Embassy of the Republic of Uzbekistan, do not result in any kind of response.
Lack of transparency in the procedure and the process of discontinuation
of Uzbek citizenship leads to massive human rights violations, sometimes, to
imprisonment and seizure of property acquired during the period Uzbek
citizenship. Neither, any appeal to the state authorities of Uzbekistan, no
litigation restore justice, they only stimulate deepening of already widespread
corruption in Uzbekistan. Meanwhile, the authorities of the Russian Federation react
only in rare cases. They typically exhibit a passive attitude towards the current
practice.
Association for Human Rights in Central Asia (AHRCA) notes the urgent need to inform the individuals, who
may be affected, about the consequences of such practices.
The AHRCA would
like to address:
– The head of the Federal Migration Service of Russia
Mr. Konstantin Romodanovsky,
– Human Rights Ombudsman of the Russian Federation
Mrs. Eleanora Panfilova
with a request to explain what legal mechanisms exist to protect the
interests of the above mentioned categories of new Russian citizens.
