Russia Ignores Decision of European Court of Human Rights
posted by zaina19 on October, 2006 as Human Rights
27.10.2006 12:58 MSK Russia Ignores Decision of European Court of Human Rights RUSSIA, Moscow. A Moscow court ruled on October 17 to deport Uzbekistani citizen Rustam Muminov from Russia because he is not registered in this country. In Uzbekistan, Muminov is wanted on charges of membership in the Hizb ut-Tahir Party. The European Court of Human Rights ruled on October 24 to stop his deportation. In spite if that court’s decision, Muminov was deported to Uzbekistan that evening.
At the beginning of February of this year, Muminov was taken into custody in Gryaz, Lipetsk Region, at the request of Uzbek authorities. He was taken from a Lipetsk holding facility in Lipetsk to Gryaz on September 28. He was freed the next day after the Russian Prosecutor General’s Office overruled the decision of the Gryaz Interdistrict Prosecutor to deport him to Uzbekistan.
On September 29, the Gryaz prosecutor press misdemeanor charges of lacking registration against Muminov. “It’s absurd,” said Elena Ryabinina of the Civil Assistance Committee. “He was registered in February, and when a person is in custody, he is considered to be without registration.” The Gryaz court stopped the case against Muminov on the same day for lack of a criminal act. Muminov attempted to register, but employees of the local FSB department in Lipetsk told him that anyone who registers him in their apartment will have problems.
Muminov denies membership in Hizb ut-Tahir. He has repeatedly stated that he does not share its ideology. Ryabinina recalled that Hizb ut-Tahir members never deny their loyalties.
On October 5, Muminov moved to Moscow and, with the aid of Civil Assistance, contacted the office of the UN High Commissioner for Refugee, which was already aware of his case. On November 1, he was supposed to have an interview at that office to receive refugee status.
While Muminov was in Moscow, he called his lawyer in Lipetsk. Several minutes later, The awyer received a call from the Lipetsk FSB asking where Muminov was located and what was the address of Civil Assistance.
On October 17, at about 11:30, a policeman from the Tverskoe 10th division and a person in civilian clothes who showed FSB identification appeared in the Civil Assistance office. Muminov was present there at that time. The policeman stated that he was conducting a registration check, and Muminov was taken into custody. At 5:00 that day, the human rights activists found out that the court had ruled to deport Muminov from Russia.
Implementation of the court’s decision would mean the illegal transfer of Muminov into the hands of Uzbek authorities, in spite of the Prosecutor General’s Office’s rejection of his extradition.
On October 24, the European Court of Human Rights ruled to stop the deportation to Uzbekistan of Muminov, who had been found guilty by the Tverskoi District Court of violation of the rules for residence in Russia and sentenced to pay a fine and be deported.
This is the second decision of the European Court in the last three months to appeal to Russian authorities in accordance with Rule 39 of the court over extradition to Uzbekistan. The first decision concerned Uzbeks in Ivanovo and stopped their extradition on the decision of the Russian Prosecutor General’s Office, which was based on fabricated evidence presented by Uzbek authorities of involvement in the events at Andijan.
Rule 39 of the European Court of Human Rights envisages the application of preliminary court measures to guarantee the possibility of the subject’s appeal to the court being heard. The right to implement Rule 39 arises in cases related to prevention of extradition to countries that have not ratified the European Convention. If the rights guaranteed to the deportee by the European Convention are violated, responsibility rests with the extraditing country.
A hearing of an appeal by Muminov was scheduled for October 26. Thus, his deportation violated not only the decision of the European Court, but also his right to appeal.
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