6 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN UKRAINE
Vitalii Tsoi was born in the Uzbek Soviet
Socialist Republic. A member of the Korean
minority and a descendant of formerly
deported people,3 he found it difficult to
provide for himself during the turbulent
times of Uzbekistan’s establishment as an
independent state. In 1995 he moved to the
south of Ukraine to find work. All his
possessions, including his USSR passport
with Tashkent registration, were stolen. His
interaction with Ukrainian law-enforcement
authorities has taught Vitalii to live his life
avoiding any contact with them for fear of
repeated detention, abuse, harassment,
extortion and ill-treatment. His lack of a
passport also impaired his access to
necessary medical aid, which he requires due
to serious chronic illness, and led to further
deterioration of his health. His multiple and
costly attempts to obtain an ID from the
authorities of Uzbekistan only led to them in
2014 officially declaring in writing that he
did not have a right to claim Uzbekistani
citizenship. Stateless and undocumented, he
and his Ukrainian common law wife are
unable to even register their marriage due to
his lack of ID. However, he does not fall into
despair thanks to support from his family and
his sense of responsibility to care for them.
Ashyr Berdyyev from Turkmenistan is 46
years old. He left his country in 2010 to find
work in Russia. While in Russia, Ashyr lost his
passport and due to a lack of funds to cover
consular fees, was unable to approach the
Embassy of Turkmenistan to get a new one or
obtain a ‘return certificate’. In 2013, upon
entering Ukraine irregularly he was
apprehended by the State Border Guard
Service of Ukraine (SBGS) and detained for 12
months while efforts to deport him were made
to no avail as the Turkmen Embassy did not
document him. Following the expiry of the
maximum detention period Ashyr was
released. While he was entitled to receive a
temporary residence permit upon release, the
procedure at the time required that a released
detainee present his/her passport to obtain
this document. Therefore, he (and most other
individuals in that situation) did not receive a
permit. Due to prolonged separation, he lost
contact with his family. At the time of
publication, Ashyr has again been detained.