The history of the three employees of Tajikistan custom's house captured by the detachment of special assignment of KR Batken province IAGO and kept under custody over round-the-clock is similar to the plot of many American militant thrillers the youth is crazy about now. It stingy particulars still seeped into mass media counter to the endeavors of the local authorities, and not by hot scent but a certain time later. The authorities seem to have decided not to spread the news far and wide but to keep silence; may be, it'll shoot past. But the journalists still hunted it out.

Instead of Introduction
As a rule, a publication of such information in periodical press entails bad reaction with the powers. If you apply with a request for commenting upon this or that fact related with interethnic conflicts you hear usually such reproaches which imply - "don't do sensation out of it", "you, journalists, are in the habit of seeking for a tit-bit". In this case one should do credit to the chief of RT Ministry on state revenues and collections custom's administration over Sughd viloyat Hokimsho Tilloyev who having broken the "taboo" for an access to this sort of information not only agreed to answer our questions but provided an opportunity of a trip to Isfara bordering area together with a group of their employees. To this time we already knew that the prosecutor's office of Isfara district had instituted a criminal case on the fact of the capture of Tajik custom's officers in reference to the chief of the special assignment detachment under Batken province IAGO Bakyt Asanov according to article 316, part 3 of RT PC. "The employees of Batken IAGO motivate their actions by being prevented from their work by the custom's service of Tajikistan", - says Hokimsho Tilloyev. "The Kyrgyz side demands that we should ensure a corridor for freights passing through the territory of Tajikistan on Yakka-Uruk terrain of 200 meters in stretch without control. They attain of their cargoes being let without obstacles by the Tajik custom's service to Batken and Lailak zones, but there are no few smuggled freights among them", - he remarked.
In so far as the incident is concerned, the first who disseminated the news were "Varorud" herald and newspaper and also foreign MM accredited in Sughd viloyat (local state MM kept silence). A little bit later on the tape of news of AKI-press Kyrgyz informational-analytical agency (www.akipress.org) from August 29 there appeared a commentary where nothing is told about the very fact of Tajik custom's officers' capture by the Kyrgyz detachment, but where they dwell on the responsive measures of Kyrgyz enforcement frameworks to allegedly antilawful actions of the Tajik custom's house.

Bordering areas being hotbeds of interethnic conflicts
The fact that the Ferghana Valley where is a juncture of three Central Asian states - Tajikistan, Uzbekistan and Kyrgyzstan - is considered as a hotbed of potential political and social conflicts in the course of the last years had been described and discussed not few. The bordering zones of these three neighboring countries were mostly troublesome since the times of the Soviet Union yet, or conflictogenic, as they are called today. As analysts and politologists regard, leaning on the researches conducted there are social-economic problems that serve as a source of conflicts in these bordering zones' the issues concerned with the access to natural resources and their distribution being taken into account too. Here refer, first of all, the questions related with watershed and land usage. Demarcation of frontiers not yet implemented in full measure and also the existence of a multitude of enclaves aggravate the relations between bordering communities being tense enough without it.
In the history of the two neighboring states - Tajikistan and Kyrgyzstan - there are also "black pages" when the residents of local communities of bordering areas being guided by emotions tried to solve these problems by dint of a ketmen or even fire-arms. Water and land opposition of Tajiks and Kyrgyzes took place yet in the Soviet period, bordering communities of Isfara district of Sughd viloyat and Batken rayon of KR being an example. And with having acquired independence by the both the countries one more problem was added to the previous ones which had never been settled completely: turnpikes, checkpoints and custom's stations were set. It was done mostly unilaterally on the part of Kyrgyzstan. Blockhouses created, naturally, multitude of problems for the local population, the latter was faced with the obstacles preventing from their free movement. And, of course, they couldn't help causing disaffection with the inhabitants of bordering villages. Fuel seemed to be added to the unsmoldering fire of interethnic misunderstandings.

Part one:
"We demand uncontrolled corridor for contraband"
As for the particulars of the egregious fact of the capture of Tajik custom's house officers, I managed to familiarize myself with it a little bit later during the trip to Isfara district together with the group of the employees of the viloyat custom's governance office; the latter was to clear out the situation. Melikuzi Qodirov, chief deputy of the office, told me about the pre-history of this opposition on the way of our going there. The analysis carried out by the experts of their office showed that the markets of the towns and districts of Northern Tajikistan were overloaded with contraband goods and those ones consigned to being levied with excise, meanwhile the indices of consumers' goods import to the viloyat were reduced steadily. The fact was obvious that the latters entered in a smuggling way and the custom's employees got down to thorough examinations of delivery canals. As it was ascertained, the smuggled commodity seeped chiefly from KR through detouring ways, missing official stations; the activity of the latters being regulated on the basis of intergovernmental agreements. And the most convenient place in this respect is Yakka-Uruk terrain situated between Chorkuh and October jamoats, in order to go from Batken rayon to that of Lailak the vehicles with contraband need only to cross the two-hundred-meters stretch of the road included into the territory of Tajikistan. According to the analysis and operative data being at a disposal of Tajik custom's officers the number of freights belonging to KR citizens and conveyed through this terrain is paltry. RT custom's services don't breed any impediments for their passing if there are all necessary documents. But this span serves also for a transportation of smuggled goods including consumers' ones and those which are consigned to be levied with excise; this type of commodities belongs to Tajik shuttlers from Khujand, Chkalovsk, Istaravshan, Bobojonghafurov and Jabborrasulov districts of RT, the final point of their destination being the markets of the viloyat. The matter is that passing this section of the Tajik road on Yakka-Uruk terrain without hurdles the vehicles with contraband come to the villages of Lailak rayon situated opposite Kostakoz and Ovchi-Kalacha jamoats moving already through the Kyrgyz territory. The smuggled goods belonging really to the citizens of Tajikistan are stored in the houses of those of KR and then they are delivered by small batches to the central markets of our viloyat. Practically, taking into consideration the geographical peculiarities of the borderline being differentiated only by Khujand-Kanibadam trunkline (on the territory of Ovchi-Kalacha jamoat the borderline passing between yards) it is impossible to preclude contraband. Therefore, the only real and simple settlement of the problem concerned with contraband import and export is to ensure custom's control in Isfara district, especially on Yakka-Uruk terrain. Meanwhile the Tajik side was considering the item of custom's control expediency and implementation the Kyrgyz party installed a custom's station on its territory of Yakka-Uruk terrain in a unilateral order going counter to the provisions of the intergovernmental agreement from 27.09.2000. In response to it the Tajik party was also compelled to enforce custom's check here. This step was literally instantaneously reacted by Batken province administration. The leaders of respective structures started to persistently demand in the form of ultimatum that the Tajik side should refuse from custom's control on the terrain in question and accord an unchecked corridor for cargoes going from Kyrgyzstan. According to the intergovernmental agreement between RT and KR from May 6, 1998 signed in Bishkek on the suggestion of the Kyrgyz party itself two checkpoints are set on the territory of Isfara district for a passing of autovehicles with the freights "Batken" and "Samarkandek". But violating the requirements of the agreement in question the administration of Batken province insisted that the mobile unit of the Tajik custom's house should be removed. The reports submitted by the employees of Isfara custom's department to their leadership manifest obviously a stake of certain circles of the Kyrgyz party in this terrain being uncontrolled. In the course of two weeks since the mobile group of three men started custom's check the leaders of different ranks of Batken demanded persistently a removal of the custom's station. There were other endeavors of suborning custom's officers too. Gradually the demands converted into direct menaces. Quoting the custom's employees, the atmosphere ran high especially for the last two-three days before the incident. The Tajik custom's station didn't let some vehicles loaded with aluminum scrap pass as the cargo was not accompanied with respective papers; the latter following from Lailak to Batken. The attempt of smuggled roofing slate conveyance to the opposite quarter was thwarted as well. Lorries had to return back.

Part two:
"Kyrgyzstan special assignment detachment being used improperly"
Evidently it was the last straw which broke the camel's back, the back of those who had a stake in this terrain being uncontrolled. The evidences of custom's officers run that on August 10 the Kyrgyz side, military servicemen chiefly, (there are concrete family names on this affair in documents) started to openly exert moral and psychological pressure, the threats up to physical liquidation rained down. That fact speaks in favor of the supposition of the existence of strong forces standing behind contraband freights objectified in influential persons out of the sate officials of high ranks from Batken province and having a stake in an uncontrolledness of this sinecure that they didn't disdain to resort to extreme measures. The intractability of the Tajik side was like a bone stuck in their throats. As the special report addressed to RT minister on state revenues and collections G. Boboyev runs, on August 11 about 3.00 in the morning a detachment of special assignment from Batken province IAGO mustering fifteen men armed to teeth intruded into the depth of 100 meters of RT territory and captured by force three officers of Isfara custom's department - captain of custom's service, senior inspector of the mobile unit R. Sulaimonov, inspector A. Sharipov and captain of custom's service, junior inspector N. Nurmatov who were in discharge of their functions on Yakka-Uruk detouring road of Isfara district in compliance with plan-task #197 in the span of 09.08 - 11.08, 2002. Having put on handcuffs and beaten the Tajik officers (there is a certificate of forensic medical appraisal on corporal injuries being not dangerous for life) they loaded them into the vehicle and brought the captivated people to Batken IAGO. Throughout more than 31 hours they were kept in confinement, attempts were made to extort their avowal of having been on the territory of KR when captured. Only after a direct interference of the group from Sughd viloyat custom's governance office, which had come to Batken rayon the hostages were liberated. By the way, in this story with the night sally to the neighboring territory being flagrant in its effrontery that fact is noteworthy that the Tajik side was notified about it by an employee of Batken militia.
Listening to the story of Melikuzi Uskanovich I imagined for an instant what would be the reaction of Batken province leadership if our enforcement bodies officers invaded the territory of KR, the thought of what they would have undertaken in response made me shudder.
And what did our people undertake? On Yakka-Uruk terrain a trench was dug up in order to prevent cargoed lorries from passing, meanwhile a corridor for cars and pedestrians was left. On August 14 on the request of the group of Batken province representatives under the guidance of the provincial IAGO chief Sh. Bayzakov the meeting with Sughd viloyat Hukumat representatives took place; the latters being headed by the chief of the administrative law department S. Bobojonov. The Kyrgyz party brought apologies on the occasion of the incident with the capture of the Tajik custom's house employees and assured that such facts wouldn't be repeated in future. They also applied to the viloyat leadership with the request to open a transit road on Yakka-Uruk terrain with installing there a custom's unit. The Tajik side promised to contemplate the request and enunciate the results at the next meeting. The bilateral conference held on August 19 was of a quite different cast. On the part of Batken province the negotiations were headed by governor deputy A. Abdurahmonov and Sughd viloyat was represented by chairman deputy M. Qodirov. Having ignored the suggestion of the Tajik side which took a commitment to open a transit autoroad through "Yakka-Uruk" populated settlement with setting a stationary custom's unit provided the Kyrgyz party solicited before its Government for an installation of a passing point through the terrain in question the Kyrgyz side going counter to the initial request demanded in the form of ultimatum that the given road section be opened without any custom's unit. It was declared that in the opposite case they leave a right for themselves to undertake responsive measures. It stands to sense that the Tajik party refused to fulfill such ultimatum demands. In the outcome on the assignment of Batken province administration on August 20 the Kyrgyz side installed a checkpoint on Chorkuh-Vorukh autotrack near Aksay village; people form border guard troops and custom's employees being involved.

Part three:
Opposition
In the department of Isfara custom's house Nematjon Saidov, chief of the governance office, acquainted us with one more folder of papers containing complaints and demands lodged by the inhabitants of bordering communities from Khoja Alo, Chorkuh, Vorukh and other jamoats. They dwell on the hindrances built up by Kyrgyz military servicemen preventing from a free movement of Tajikistan citizens, on the armed militants and militiamen of Kyrgyzstan walking unimpeded across Tajik villages. At the meeting with the residents of a number of bordering communities held in Khoja Alo jamoat there sounded the demands to put an end to Kyrgyz mayhem once and for ever.
"For how long can one be led by some representatives of the Kyrgyz authorities", - says Chorkuh villager Dilovar. "A fullstop has not been put yet in the settlement of the question with water and land usage and even if something is solved to some extent we are always drawn a cup from our lips. And now the Kyrgyz side has found a new way of exerting pressure - pitching turnpikes and checkpoints. Haven't we got any levers of pressure to stop this arbitrariness when our rights are trampled down?"
In Isfara we met also the chief of the department of surveillance over execution of laws under the viloyat procurator's office custom's bodies M. Usmonov who had come here in order to scrutinize the details of the incident related with the capture of Isfara custom's station officers. He informed that the investigation was continued and the results will be promulgated only after an ascertainment of all the circumstances. All together we betook ourselves in the direction of the Kyrgyz village of Aksay. "On this stretch of Isfara-Vorukh autoroad being about 40 kilometers long", - tells N. Saidov, - "there are 4-5 KR enclaves surrounded by Tajik villages. The geographical peculiarities afforded to lay out only one autoroad crossing these enclaves. Only in Isfara district there are over 25 detouring roads contraband is conveyed through and we have no availabilities to overlap it with the forces of our own. Economists counted that Tajik shuttlers buying goods in KR markets replenish monthly the budget of Kyrgyzstan with 700000 dollars in cash. And in so much as smuggled commodity is delivered to its destination by detouring ways missing our custom's stations, respectively no revenue enters the state fisc of our country from this stream and a huge damage is inflicted upon the viloyat economy. Such state of affairs is to a great liking of KR custom's militia and borderguard services on checkpoints as they can demand daringly their "share" from our shuttlers".
Passing Kara-Bog Kyrgyz enclave I recalled the situation of 2000 being similar with today's opposition when Kyrgyzses pitched out two turnpikes. At that time the matter amounted to the point when Isfara authorities had to build a new bridge through the Isfarinka river in case of aggravation of relations to have a possibility of detouring this enclave. Then in the outcome of durable bilateral negotiations one managed to come to a compromise: to take away unnecessary posts and according to the intergovernmental agreement to leave several checkpoints for passing on a lawful basis. But as soon as the inhabitants sighed with relief, having forgotten about former strives and confrontations there followed a retrieve to the old fashions: in response to the pressure of the enforcement frameworks of Kyrgyzstan the Tajik side in order to shut off detouring roads digs ditches hindering the loaded lorries of the neighboring republic to pass. In response the Kyrgyz side set armed posts in the populated settlements of Akay and Ravoti Kabud.
According to operative data the administration of Batken province reinforces the contingent of military forces stationed in Koktash and Aksay villages. It multiplied also the number of military servicemen guarding the water distributing sluce of the Tortkul canal on the territory of Isfara district that destabilizes the social-political atmosphere of this region evoking discontent of the local population. By the way, the old residents say that there were times when the sluce territory was considered to be ours and it was a place of family rest for the inhabitants of neighboring villages: people cooked plov, enjoyed a good time and were glad, they never thought that the time would come when military men of the neighboring country would stay here. They tell also that in old time Vorukh wasn't an enclave. Besides after the notorious events of summer 1999 when IMU militants irrupted into that territory of Batken province KR authorities dispensed over 300 barrels of Kalashnikov automatic guns with ammunition among the civil population of Uch-Debe, Aktatyr and Aksay aiyls with the alleged purpose of self-defense. This fact agitates the common population of both Batken rayon and Isfara district. Common people-toilers, both Kyrgyzes and Tajiks who were living next to each other for centuries demand a demilitarization of this zone from the authorities.
Nematjon Saidov proceeding to acquaint us with the situation drew attention to the numerosity of the population of Kyrgyz enclaves; the largest of them are Karabakh and Aksay where the quantum of families is in the range of 40-100; in Govson village there are 10 families, on Yakka-Uruk terrain about 50 people reside. You are simply greatly surprised how it could have happened, if to take into consideration a "crude" - the locution of academician Masov - territorial division carried out in the early years of the Soviet power one couldn't have admitted the like. Both historic documents and certificates testify to it. Because of the uncertainty in reference to the disputable lands in the course of many years this territory seems to be populated with Kyrgyzes bit by bit. If this division was done in the period of demarcation after the USSR collapse it might have been implemented with one purpose only - to convert this area into a zone of strives and clashes. It is difficult to make any other inference.
Such an analogy occurred to me involuntarily: let us suppose, if in New York every quarter proclaimed themselves to be a sovereign territory of this or that state on an affiliation to this or that nation - a Chinese quarter would embrace ten thousands of Aksays belonging to China, Italian quarter would belong to Italy and etc. On arriving to the place where the incident of the capture had occurred we witnessed such a scene just immediately: two heavily loaded KAMAZes with KR numbers ignoring the command of the mobile group ordering them to stop darted speedily ahead and having passed rapidly the two hundred meters span of the Tajik territory found themselves on the area of their own again. "Only Allah knows what they transported, it might have been aluminum scrap, or leather, or wool", - said the chief of Isfara custom's house seeing misunderstanding on our faces. - That's the way we have been working. When we had managed to detain the lorry with 2500 bottles of smuggled wine and vodka for the total sum of 6 thousand somoni on the detouring road being 2 kilometers far from Yakka-Uruk terrain (a criminal case having been prosecuted on this incident according to article 289, part 1 of RT PC) the driver accounting for his non-stoppage told at once that there was an ordinance from above to ignore the actions of the Tajik custom's unit and pass without stopping".
Here I made an attempt to communicate with local inhabitants. One of the villagers of Yakka-Uruk, Kyrgyz by nationality, who asked not to call his name expressed his opinion on this item as follows: "We, common toilers, have nothing but harm from these discords. Not very long ago we witnessed a similar situation - unnecessary posts were pitched first on one side and then on the other as an adequate counteraction. But sufferings were inflicted upon us - common laborers. Because of the clashes between state officials friendly and good-neighborly relations shaped in the course of years spoiled instantaneously. And just as we sighed with relief everything returned anew. I make my living trading off the produce grown by me myself on my piece of land in the markets of Chorkuh and Surkh. We live side by side with Tajiks, sometimes we share a piece of bread. But irrespective of our wishes, whether we do want it or not, such a confrontation results into animosity between those people who in old times lived as brethrens. We don't need it at all".
In about ten minutes we approached the place where recently, as if in response to the intractability of the Tajik custom's house, the Kyrgyz side had installed a checkpoint where the duties were executed by military and custom's officers. It is Aksay aiyl. Military men met us in a fairly friendly way, when asked by the chief deputy of Sughd viloyat custom's house what they guarded and what assignment fulfilled they answered that at the present time they were ordered to follow their service here and nothing more. For the given moment there was no order to carry out custom's and passport control or a perquisition of auto transport, but they don't exclude this probability, otherwise - what are they kept here for? When the commander of the outpost having the title of a captain and his deputy, a major, (they refused to introduce themselves) came just in time from the outskirt of the village we addressed them with a question in what way they get there. The captain answered indifferently that there is only one road here. I wondered how would the Kyrgyz side react if they saw armed Tajik military servicemen with automatic guns in their hands moving unhindered across their territory. The captain shrugged his shoulders sneering and the major having seized the initiative answered that they had not been commissioned to conduct such talks. And essentially he is aware that in the course of 10 days since the installation of the post on Yakka-Uruk terrain the administration of Batken province conducted negotiations with the viloyat and district leaderships of Tajikistan but the parties couldn't have found a compromise to settle the problem. A resident of Aksay who happened to be nearby was categoric and brusque in his locutions: "You'd better establish order at yourselves first. Remove your stations in Surkh and Lakkon jamoats, which impede free movement of transport too, it concerns both vehicles and common Kyrgyzes and after that do have your claims". The thing the representatives of KR enforcement bodies were unanimous in is absence of perspectives in this sort of opposition and a necessity of the soonest negotiations on top level.
On our way back we called for a moment on Isfara urban Hukumat in order to learn about the opinion of the district leadership concerned with the situation shaped and what is undertaken in this direction. Regretfully, we didn't catch them as in one of the households an assize session was held. I put myself questions to town mayor Mirzosharif Islomiddinov the next day by telephone. To M. Islomiddinov's mind, the fact of the capture of our custom's house officers by the detachment of special assignment of Batken province IAGO is a pure lawlessness. "The leaderships of the viloyat and the republic are informed on our having prosecuted a criminal case on this fact. RT MFA sent a note of protest addressed to KR MFA. On the request of the Kyrgyz party there were held bilateral negotiations on the level of the leaderships of out viloyat and their province. For the time being the question remains open".
"This was of block houses can in the long run eventuate not only in a local conflict but in a regional one on a large scale. I consider, he remarked that this problem ought to be solved on the mostly supreme level by dint of negotiations. Some leaders of Batken province administration pursue their own interests, their ambitions. But responding to their antilawful actions, yielding to provocations, overlapping the roads we create big problems for the local population by it. It goes without saying that there will not have been any winners in this counterworking. In this region a complex of problems is traced. First and foremost, it is that one of land use and watershed, then the questions of demarcation and delimitation of frontiers follow. For the last time due to the transparency of frontiers the issue concerned with the economic security of the country was added to the previous two. If to approach this problem unilaterally, i.e. to care only about a defense of local market from contraband, in the outcome we shall leave Chorkuh and Vorukh jamoats without water and pastures and build up colossal impediments in so far as the movement for 65 thousand people of the jamoats is concerned. At the present time we have only one road artery which provides our existence - that one going through Batken rayon of Kyrgyzstan which is employed both by our shuttlers and laboring migrants. And what would expect us if they shut off this artery for us? So I see a settlement of the conflict only in a negotiation process - one ought to sit around the table of negotiations, to discuss the problem, to agree on a liquidation of all improper posts and to set a joint stationary unit on Yakka-Uruk terrain which would be preoccupied with perquisition of auto transport. The other day I have been to Vorukh: we went there without hurdles but on our way back documents were already verified. In 2000 when I got down to my duties of a mayor 8 Kyrgyz checkpoints functioned in the bordering zones of Isfara district. By means of negotiations we managed to liquidate all of them. The movements of the local population simplified by far. The problem of social pastures was resolved. Now 15 thousand heads of cattle belonging to the inhabitants of Vorukh and Chorkuh jamoats graze on the pastures of Kyrgyzstan. Imagine only what is going to happen if they pitch their posts there too. I agree that smuggle must be thwarted, but on the other hand, the continuing counteractions deliver an enormous harm on the population and economy of the district. Upon the whole, I am of the opinion that we shall achieve nothing by recriminations, the war of blockhouses and turnpikes will not have led to anything good and a single way of settlement of the conflict is peaceful negotiations.
The leadership of the viloyat custom's governance office also stands for settling the problem in a peaceful way. In the opinion of the chief of the office Kh. Tilloyev the complex of the problems existing in bordering zones must be solved not on a regional, but on an intergovernmental level. At bilateral negotiations the issue concerned with installation of custom's units and checkpoints, just as with their activities, should be resolved finally and it will preclude an uprise of similar conflicts in future. And for this, first of all, one should determine precisely the borderline along the states. Kh. Tilloyev deems that the question related to the economic security of the country lies not only in a settlement of the abovementioned problems. In connection with the enforcement of a number of Agreements on the principles of exacting indirect taxes between CIS states on a place of destination the cost of the goods imported from these countries rose steeply in the home market. And it helps entrepreneurs to import commodity by dint of smuggle, as taking advantage of transparency of frontiers they evade large impositions and it permits them to trade off their goods at lower prices. It means that economizing on a payment of custom's duties became the main source of incomes and the commodities imported legally can't compete with smuggled ones in price. A suggestion on reconsidering the principles of exacting indirect taxes was dispatched to the Ministry of state revenues and collections by the viloyat custom's governance office. At the same time Kh. Tilloyev doesn't deny the facts of extortions and abuse on the part of some custom's employees who succumb to temptation because of a low salary; that, in its turn, causing disaffection of the population of the neighboring countries. To the issue of this a suggestion is submitted to the government that 20% of the fine exacted should be allotted for a stimulation of those custom's officers who reveal the facts of custom's rules contravention.
In a word, the problems accumulated require an urgent solution. As it is remarked in the commentary of the Kyrgyz informational agency appeared in Internet "any bordering clash in the south of Kyrgyzstan is fraught, as history proves, with grave complications, up to bloody ones. For the time being we did without it. But frontier tension has been enhancing all the time. The little fire of a potential conflict is smoldering."
It is indisputable that our Kyrgyz colleagues are right. The goal of today is not to make this smoldering fire flash out into burning sparkles. And only the leaders of the supreme organs of executive and legislative powers of the two neighboring states are able to untie the knot of the problems because the matter has gone too far.