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Ukraine: Imminent risk of deportation

, Index number: EUR 50/005/2011

Eleven Afghan citizens are at imminent risk of deportation from Ukraine to Afghanistan, without any opportunity to challenge their deportation, including on asylum or other international protection grounds. Three of them have self-harmed in protest.

UA: 72/11 Index: EUR 50/005/2011 Ukraine Date: 15 March 2011
URGENT ACTION
IMMINENT RISK OF DEPORTATION
Eleven Afghan citizens are at imminent risk of deportation from Ukraine to Afghanistan, without
any opportunity to challenge their deportation, including on asylum or other international
protection grounds. Three of them have self-harmed in protest.
The 11 Afghan citizens are currently being held at Boryspil airport in Kyiv, Ukraine. Three people from the same
group were already deported on 14 March, including an unaccompanied minor. The people who have self-harmed in
protest have received medical treatment, but have been told that their deportation will go ahead.
Some of the group had applied for asylum in Ukraine, but their asylum applications were turned down. They were
not given the opportunity to appeal the rejected claim, or appeal their deportation. The group claim they have not
been provided with interpreters while applying for asylum or during the deportation process and that they were
required to sign documents in a language they do not understand. Some were not present during the hearing in
which their case was considered. They have said that they have been ill-treated during detention during
transportation to Kyiv.
The Ukrainian authorities have obligations under domestic and international law to ensure that all those who wish to
apply for asylum are given full and unimpeded access to asylum procedures. Applications by asylum-seekers should
be determined on an individual basis, according to fair and efficient refugee status determination procedures,
including the right of appeal.
PLEASE WRITE IMMEDIATELY in Ukrainian or your own language:
urging Ukrainian authorities not to deport the eleven Afghan citizens currently being held in Boryspil airport until
they have had access to an effective procedure to challenge their deportation to Afghanistan, and to appeal against
the negative asylum decisions respectively, in line with obligations under domestic and international law;
calling on the Ukrainian authorities to consider appropriate alternatives to detention, pending further review of
such an appeal;
calling for all eleven to be given access to medical care to allow for proper assessment and treatment of their
health needs and, in the case of the three who have injured themselves, for continuing attention to their wounds;
seeking assurances that each individual is given access to legal representation and access to the Office of the
United Nations High Commissioner for Refugees (UNHCR) in order to guarantee their right to fair consideration of
their asylum claims and right to appeal;
calling on the Ukrainian authorities to investigate into allegations that the asylum-seekers have been ill-treated.
PLEASE SEND APPEALS BEFORE 26 APRIL 2011 TO:
Chairman of the State Border Guard
Service of Ukraine
Mykola Mykolayovych LYTVYN
Ukraine Administration of the State
Border Guard Service
Volodymyrska Street, 26
Kyiv 01001
Ukraine
Email: dkk@pvu.gov.ua
Fax: +380 44 239 8480
Salutation: Dear Mr Lytvyn
The First Deputy Head of the State
Colonel-General Pavlo SHYSHOLIN
Border Guard Service of Ukraine
Ukraine Administration of the State
Border Guard Service
Volodymyrska Street, 26
Kyiv 01001
Ukraine
Email: dkk@pvu.gov.ua
Fax: +380 44 239 8480
Salutation: Dear Colonel-General
Shysholin
And copies to:
If you are able to, please phone and
express your concern, in Ukrainian,
Russian or your own language to:
The Secretariat of the State Border
Guard Service of Ukraine
Volodymyrska Street, 26
Kyiv 01001
Ukraine
Tel: +380 44 527 6348
Also send copies to diplomatic representatives accredited to your country. Check with your section office if sending appeals after the above date.
Date: 15 March 2011
URGENT ACTION
IMMINENT RISK OF DEPORTATION
ADDITIONAL INFORMATION
The group of 14 Afghans had reportedly been held in a detention centre in Volyn, north-west Ukraine, for six months, on grounds
of illegally attempting to cross the Ukrainian border into the European Union. At least eight of them had applied for asylum in
Ukraine after they had been in detention for several months. It appears that they did not have access to adequate legal
counselling while in detention. In Ukraine, their asylum applications were turned down and they were issued on the same day
with a deportation order. Without the possibility of appealing against their deportation order, they were transported to Kyiv by
train and then on to Boryspil airport in Kyiv.
UA: 72/11 Index: EUR 50/005/2011 Issue Date: 15 March 2011

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