Appeal Against the Deportation Decision of Swedish Authorities on Jasmin Ibragimova
A group of public figure and human rights organizations made an appeal against the desicion of the Swedish Migration Board on the deportation of sick Chechen asylum seeker, 4 year old Jasmin Ibragimova.
To Carl XVI Gustaf of Sweden, King of Sweden
To John Fredrik Reinfeldt, Prime Minister of Sweden
To Tobias Billström, Minister for Migration and Asylum Policy in Sweden
To Erik Ullenhag, Minister for Integration in Sweden
To Eva Carin Beatrice Ask, Minister of Justice in Sweden
To the Swedish Migration Board
STATEMENT ON THE DECISION OF THE SWEDISH MIGRATION BOARD, TO DEPORT JASMIN IBRAGIMOVA TO CHECHNYA
Dear Carl XVI Gustaf, Your Majesty!
Dear Mr Prime Minister!
Dear Mr Minister!
Dear Mr Minister!
Dear Mrs Minister!
Dear Sirs and Madams,
We are writing you this letter in reference to the alarming situation facing a Chechen asylum seeker family, which is awaiting extradition to the Russian Federation.
Ruslan Ibragimov and his wife Zezag Ibragimova left Chechnya due to political reasons and arrived in Sweden in 2009. In the very same year Jasmin was born and in 2012 her sister.
The application for asylum of the Ibragimov family was disapproved. The family went to Germany but due to the DUBLIN-II-regulation was sent back to Sweden.
Last year in November 2013 head of family, Mr Ruslan Ibragimov died due to cancer.
The rest of the Ibragimova family faces deportation right now. However, we categorically deny this decision. The following explains why the deportation of Jasmin Ibragimova, her mother and sister is dangerous to their life, taking into consideration the political, economic, social and infrastructural conditions in Chechnya.
In 2009, Jasmin was born in a Swedish hospital. She is only 4 years old and has already following medical history:
– She suffers from a rare illness: Hydrocephalus Internus as well as Spinal Hernia.
– She had a surgery as a Newborn.
– Since her birth, she had several surgeries and many hospital stays. As a matter of fact she was hospitalized 3 times in the last 6 months!!
– Unlike most surgical procedures, in which the risk is during the procedure itself, most problems in connection with the SHUNT usually occur later on.
Here is a statement of Dr. A. Dogan, Turkey:
“Jasmin Ibragimova suffers from Hydrocephalus internus and Spinal hernia. This is a serious type of disease and there must be a close follow up, aseptic conditions and experienced specialists are required. She has a SHUNT, to ease the pressure on the brain. There are lots of complications with SHUNTS. Due to different complications of disease and shunt (decubitis, infection, shunt obstruction), Mortality risk on the road is too high when having complications. Also aseptic conditions, experienced health staff and health center qualified as medical (especially for this disease) are very important to follow up the disease. For that reasons, it is most appropriate to stay in Sweden and to treat and follow-up there.”
Even though her health improves, with this health condition it is not advisable to deport Jasmin to Chechnya, as it would be life-threatening.
A deportation would clearly contradict the articles 22 and 23 of the UN Children’s Rights Convention, which says:
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.
2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child.
3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development .
4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.
Even if she survives this long journey, she will have no chance of survival in Chechnya, for the following reasons:
1. This disease is generally not treated in Chechnya. This disease is not known there.
2. There is probably a treatment option in Moscow, but in case of complications a long trip to Moscow would be life-threatening. And so far it is not clear whether the same SHUNT is used in Moscow.
In addition to that, a treatment in Moscow still can’t be guaranteed. Hospitals in Moscow reserve their right to reject patients for having no space respectively insufficient financial means. Extract from the article “War Has Caused Growth of Cancer Rates in Chechnya”
“In Chechnya, they could not diagnose him. On the road, my son dramatically worsened and we were taken to a hospital in Kostroma, Russia. However, all requests from the doctors were rejected by Moscow. They said there is no space and we cannot fulfill the costs.”(http://www.waynakh.com/eng/2012/05/war-has-caused-growth-of-cancer-rates-in-chechnya/)
3. Many cases in Chechnya show: the health care system is corrupt to such an extent, that a vitally important, continuous and reliable medical treatment would not be possible.
Extract from the article “Chechnya: School of Corruption“:
“Money buys you a degree in medicine even if you cannot give an injection. Then it can also buy a high post at any hospital or clinic so that you never need to give injections, only to do administration.“
In addition to the health situation another factor, which endangers the stay of Jasmin Ibragimova in Chechnya, is the fact that there is a war in Chechnya since 1999. A pro-Moscow regime has no respect to even basic human rights rules like Russia.
Since the mother of Jasmin was politically active before her flight from Chechnya, opposing the pro-Moscow government, a political pursuit is most likely, anything could occur to her.
Besides of this, the mother of Jasmin is a single mother, who must take care of her 4 year old ill daughter Jasmin and another 2 year old daughter. The employment situation is very difficult. Mrs. Benedict Berne, Vice Chairman of the Civil Rights Defenders in SWEDEN, was in Chechnya between May and June 2012 to evaluate the current situation. She states, that the unemployment rate is about 60 – 70%, people are really very poor and the corruption is very high. The mother Zezag Ibragimova has no chance to provide adequate support for her children.
In a similar case before the European Court of Human Rights, due to a threatening political pursuit of the family “I” in case of a deportation from SWEDEN to Chechnya, the deportation was disapproved, see the following judgment: CASE OF I v. SWEDEN / Application no. 61204/09
All these factors show that living conditions in Chechnya are not sufficient. The danger, to be a single mother with no perspective of finding a job, no possibility to guarantee medical treatment, thus very bad conditions for Jasmins health, as well as a most likely political pursuit of the mother lead to the conclusion, that it is not possible for this family to survive there.
And the deportation contradicts the statement of the Committee of the United Nations:
“The Committee of the United Nations for the rights of the child determined, that the right to survive and develop can be realized only in a holistic approach by the conversion of all other regulations of the convention, including the right to health, appropriate nutrition, social security, an appropriate standard of living, a healthy and safe environment, education and play.“
This is definitely not the case in Chechnya.
Last but not least – Jasmin has the right to obtain a humanitarian residence permit as she suffers from “a serious physical or psychological illnesses” on the basis of the DUBLIN II regulations.
For this reason we are expressively against a deportation of Jasmin Ibragimova, her mother Zezag Ibragimova and her 2-year old sister to Chechnya or Russia, and asking you to provide a residence permit which will grant a proper medical treatment for Jasmin.
• Ekkehard Maaß, Deutsch-Kaukasische Gesellschaft (http://www.d-k-g.de), Berlin/Germany
• Mairbek Vatchagaev, Head of the Caucasian Studies Association (http://www.chechen.org), Paris/France
• Monthly Magazine Marsho – Editorial Board (http://marshodergisi.blogspot.com), Istanbul/Turkey
• Murad Batal Al-Shishani, Political Analyst, Writer & Expert on Islamic Groups in the Middle East and North Caucasus, London / United Kingdom
• Save Chechnya Campaign (http://savechechnya.org), Paris/France
• Waynakh Online (http://www.waynakh.com)