A/HRC/4/21/Add.1 page 50 Response from the Government dated 15 December 2005 209. The Permanent Mission of the Republic of Kazakhstan informed that the Ministry of Foreign Affairs is not in a position to confirm the accuracy of the alleged facts, due to the absence of the initial information about the presence of the mentioned citizens of Uzbekistan in the territory of Kazakhstan seeking asylum in the UNHCR Office in Kazakhstan. Nevertheless, the Ministry, in cooperation with law enforcement bodies of Kazakhstan, will undertake measures to verify the facts. Furthermore, the Government mentions that the Ministry has not received any complaints of the alleged victims. Observations 210. The Special Rapporteur is grateful for the Government’s response and she would like to refer to her framework for communications, more specifically to the international human rights norms and to the mandate practice concerning “Freedom of expression including questions related to religious conflicts, religious intolerance and extremism” (see above para. 1, category IV. 1.). Urgent appeal sent on 4 July 2006 jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the question of torture 211. The Special Procedures mandate holders brought to the attention of the Government information they had received regarding Mr. Temirbaev Gabdurafih, a citizen of Uzbekistan living in Kazakhstan as a refugee under the 1951 Refugee Convention, who is reportedly at risk of being returned to Uzbekistan. According to the information received, Mr. Gabdurafih fled Uzbekistan in 1999 and has been living in Kazakhstan with his family for seven years. In June 2006, the United Nations High Commissioner for Refugees (UNHCR) recognized that Mr. Gabdurafih was at risk of persecution in his home country because of his practice of Islam outside of the state-run mosque system in Uzbekistan. This procedure included a confirmation from the Government of Kazakhstan that no criminal charges had been filed against him. 212. On 24 June 2006, however, security forces arrested Mr. Gabdurafih in Almaty, and he is currently in the custody of the Government of Kazakhstan. The arrest took place upon request of the Government of Uzbekistan. UNHCR has asked for access to Mr. Gabdurafih, but so far it has not been granted, nor has UNHCR been provided with any information on the reasons for the arrest and further procedure, apart from being told that an “internal investigation” of the case was in course. Mr. Gabdurafih appears to have been told that the Government of Kazakhstan would decide on whether to deport him within 10 days. Observations 213. The Special Rapporteur is concerned that she has not received a response from the Government and she would like to refer to her framework for communications, more specifically to the international human rights norms and to the mandate practice concerning “Discrimination on the basis of religion or belief/inter-religious discrimination/tolerance” (see above para. 1, category II. 1.).