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Open Dialog Foundation updates

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12 years ago

August 7, 2014

1. The Supreme Cassation Court of Italy ruled last Wednesday, 30 July, that the deportation of Alma Shalabayeva and Alua Ablyazova from Italy to Kazakhstan, last year, was illegal.

As stated by a number of Italian newspapers, the ruling of the court mentioned a number of irregularities in the procedure, stating clearly that Shalabayeva's identity must have been known to the officers who were responsible for the case, thus leaving no doubt as to the political implications behind the decision to send the wife and daughter of the Kazakh dissident, Mukhtar Ablyazov, back towards the oppressive regime of the dictator Nursultan Nazarbayev.

The Ministry of Interior of Italy was ordered to cover the procedural expenses but, more importantly, the court's decision opens the way to a request from Ablyazov family for a much larger compensation for moral and material damages.

Furthermore, it once again brings back the issue of the role that Angelino Alfano, at the time and currently Minister of Interior of Italy, could have had in the case. Following Wednesday's court decision, the Movimento 5 Stelle members requested that Alfano presented his resignation.

We invite you to read the ANSA statement on the issue (link) - EN.

You can also check some of the articles from the Italian press under the following links (in Italian):

Il Fatto Quotidiano: Shalabayeva, la Cassazione: Espulsione viziata da illegittimità originaria

La Repubblica: Shalabayeva: Cassazione, illegittima sua espulsione

2. Alexandr Pavlov (pictured), in detention in Spain for over a year, following his arrest upon the politically motivated red notice issued by Interpol on Kazakhstan's request, was released on bail pending trial on 29 July, 2014.

This decision constitutes a sharp change in the approach to the case by the Spanish administrative and judicial authorities. The judges motivated their decision by stating that the risk of Pavlov fleeing Spain is minimal, close to zero. He will now have to present himself on a weekly basis at the police station closest to his place of residence and he will not be able to leave Spain.

His asylum request will be again reviewed by OAR - the Spanish Office for Asylum and Refugees.

The Open Dialog Foundation will assist Pavlov in his further fight to obtain protection in Europe and we urge the European community to do the same, by expressing their concern over the case and their support and send letters of support to the relevant authorities in Spain. Open Dislog would be happy to assist you in that if needed.

This recent decision in Pavlov's case, following a series of extremely worrying previous rulings, which almost led to his extradition to Kazakhstan, where he could face torture and ill-treatment, is generally seen as a positive signal of hope that the political background to his persecution has finally been recognised and will be duly taken into account in the review of his asylum request.

We invite you to read the first interview that Pavlov gave after leaving detention to a Spanish newspaper El Diario (link).

The Open Dialog Foundation welcomes the decisions issued by the courts of Italy and Spain and hopes that these decisions will, step by step, bring about the broader and better understanding of the illegal and illegitimate actions that the Kazakh regime has been undertaking, often in collaboration with other post-Soviet countries, in order to persecute its political opposition figures, as well as their family members and friends living abroad.

Recently some Russian and Kazakh media falsely disseminated information about the political asylum status of Mukhtar Ablyazov being revoked. As confirmed by Ablyazov's lawyers, such information has no backing in the facts. More explanation on the issue can be found in an article under the following link.

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