Bishkek, Jan. 5, 2022. / Kabar /. The Ministry of Foreign Affairs of Kyrgyzstan expresses concern over the decision of Tajikistan on the mass deportation / expulsion of Kyrgyz citizens temporarily staying in the territory of Tajikistan dated January 2, 2022.
The Kyrgyz Foreign Ministry said that the specified decision of the Tajik authorities is an unreasonable step taken without prior notification through diplomatic channels. At the same time, according to article 36 of the Vienna Convention on Consular Relations of 1963, the competent authorities of the host country must immediately notify the consular office of the sending state that, within its consular district, any citizen of this state has been arrested, imprisoned or taken into custody in pending trial. At the same time, Part 5 of Article 32 of the Law of the Republic of Tajikistan "On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Tajikistan" says that the state body executing the decision on the expulsion of a foreign citizen and stateless person from the territory of the Republic of Tajikistan through the foreign affairs bodies of the Republic Tajikistan notifies the diplomatic mission and consular offices of a foreign state, of which the expelled person is a citizen, or lives on its territory.
With regard to these citizens, the relevant documents justifying their deportation / expulsion were not drawn up, and specific substantiated reasons were not explained on the basis of which offense they committed, the requirements for leaving the country were presented. According to the regulatory legal acts of the Republic of Tajikistan, for the deportation / expulsion of foreign citizens, a protocol of the migration authority on deportation and a court decision on expulsion are required, as follows from the provisions of the aforementioned Law. Due to the lack of legal grounds for deportation / expulsion, citizens of the Kyrgyz Republic were deprived of the right to appeal against decisions of the migration and judicial authorities, which does not correspond to the basic human rights enshrined in the Universal Declaration of Human Rights, other international legal documents and directly the Basic Law Republic of Tajikistan (Article 19).
The Ministry also expresses concern that these citizens in Tajikistan have families (children, elderly relatives) who may be left without a breadwinner or proper supervision. Accordingly, family separation can negatively affect the financial, psychological and other well-being of each family member.
In order to thoroughly study the reasons that served as the basis for deportation / expulsion, as well as to protect the rights and legitimate interests of citizens of the Kyrgyz Republic, on January 3, 2022, the Ministry handed over a relevant note to the Embassy of the Republic of Tajikistan in the Kyrgyz Republic with a request to provide all the necessary information on the reasons and legal grounds for deportation / expulsion of citizens of the Kyrgyz Republic.
The ministry proceeds from a firm position that all emerging issues should be resolved through negotiations on the basis of friendly relations, using political and diplomatic means and observing generally recognized international legal norms.
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