Detention and extradition of the Kazakh dissident (who has been granted refugee status by Poland) Muratbek Ketebayev in Madrid

5.1.2015

Question for written answer E-000012-15
to the Commission
Rule 130
Josu Juaristi Abaunz (GUE/NGL)

On 27 December, the Spanish police detained Kazakh dissident Muratbek Ketebayev in Madrid, in connection with an international arrest warrant issued by Kazakhstan, in spite of him having been granted refugee status by Poland. One day later, a Spanish judge ordered him to be detained whilst a decision was made regarding his extradition.

The extradition of a refugee is contrary to the principle of ‘no return’ enshrined in Article 33 (1) of the Geneva Convention relating to the Status of Refugees (1951) and its Protocol (1967), which Spain signed in 1978.

According to EC law, Member States are subject to Directive 2004/83/EC, which establishes standards for the qualification of third-country nationals or stateless persons as refugees or requiring any other type of international protection, and the content of such protection. Therefore when a third-country national is made the subject of extradition proceedings, Member States must abide by the principle of no return.

1. Is the Commission aware of the detention and extradition proceedings relating to Mr Ketebayev?

2. Does the Commission intend to take measures to avoid EU countries extraditing refugees illegally, as in this case?

3. How will the Commission monitor compliance by Member States with their obligations under Community law?