In Kyrgyzstan, Kazakhstan and Tajikistan, it is a court that decides on expulsion.338 In Kazakhstan and Tajikistan, the case is decided on the same day that the court receives the administrative charge sheet – within eight hours in Kazakhstan, if the individual is in administrative detention.339 In Turkmenistan and Uzbekistan, the decision is taken administratively. Tajikistan and Kazakhstan provide some due process guarantees for individuals facing expulsion. Their presence at the hearing is compulsory and they have the right to interpretation in their own language – although in Kazakhstan it is not clear how interpretation for non-standard languages can be found and available in the space of only eight hours. They can also familiarise themselves with the case against them, and present a defence with the assistance of a lawyer.340 Stateless persons sentenced to expulsion from Tajikistan, Kyrgyzstan and Kazakhstan, have the right to judicial appeal and court fees are waived in Tajikistan. In the case of a stateless person, an appeal must be lodged within ten days of judgment in Kyrgyzstan and Kazakhstan341 and within 24 hours in Tajikistan, during which time it is also adjudicated.342 In Uzbekistan, stateless persons also have the right of judicial appeal against expulsion if an administrative appeal fails first and if they apply within ten days of receiving the expulsion decision. No fee is levied.343 Expulsion from Turkmenistan can be appealed to a higher administrative body, but not through the courts.344 The SMST345 takes the decision and sets a deadline for it to take place. In Kazakhstan, a court ordering an administrative expulsion must set a reasonable time period for carrying it out.346 Where a bilateral treaty exists with the destination State, the Kazakh court notifies its authorities and the person is handed over to a State representative. No similar time-frame is provided to stateless persons facing expulsion from Kyrgyzstan and Tajikistan. Expulsion from Tajikistan is undertaken particularly quickly, and may make it difficult for a stateless person to exercise their due process rights in practice. They have access to the charge sheet against them only on the day their case is heard. Expulsion normally follows immediately after their appeal has been rejected.347 The law does not provide for compensation to anyone wrongfully expeled. 338 Article 39 of the 1998 Kyrgyzstan Code of Administrative Responsibility, No 114, as amended in 2007; Articles 45 and 56 of the 2001 Administrative Code of Kazakhstan, No 155-II: Article 770 the 2009 Administrative Code of Tajikistan, No 1177. 339 Articles 801(4) and 847, 2009 Administrative Code of Tajikistan, No 1177; Article 647, 2001 Administrative Code of Kazakhstan, No 155-II. 340 Article 770, 2009 Administrative Code of Tajikistan, No 1177; Articles 588-590, 2001 Administrative Code of Kazakhstan, No 155-II. 341 According to Article 597, 1998 Kyrgyzstan Code of Administrative Responsibility, No 114, as amended in 2007; Article 316, Article 657 of the 2001 Administrative Code of Kazakhstan, No 155-II; and Article 810(1) and Article 812(5), 2009 Administrative Code of Tajikistan, No 1177. 342 Article 816(3), 2009 Administrative Code of Tajikistan, No 1177. 343 Article 315 and 316, 1995 Administrative Code of Uzbekistan No ZRU-242 as amended in 2009. 344 Articles 36-40, 2003 Regulation No 6135 ‘On Entry and Exit of Foreigners’ of Turkmenistan; Chapter 22, 1984 Administrative Code of Turkmenistan. 345 Article 18.3, 2005 Migration Law of Turkmenistan, as amended in 2011. 346 Article 651(2), 2001 Administrative Code of Kazakhstan, No 155-II. 347 Article 633, 1998 Kyrgyzstan Code of Administrative Responsibility, No 114, as amended in 2007; Article 826(2), 2009 Administrative Code of Tajikistan, No 1177. ~ 53 ~

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