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Постановление Европейского суда по правам человека от 04.11.2010 «Дело Султанов (Sultanov) против России» [англ.]



(Application No. 15303/09)


(Strasbourg, 4.XI.2010)

<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Sultanov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 14 October 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 1248/09) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by an Uzbek national, Mr Nabi Sultanov ("the applicant"), on 20 March 2009.
2. The applicant was represented by lawyers of the EHRAC/Memorial Human Rights Centre, an NGO with offices in London and Moscow. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged that his detention by the Russian authorities with a view to extraditing him to Uzbekistan, where he faced politically motivated persecution by the local authorities, gave rise to violations of his rights under Articles 3, 5 and 6 of the Convention.
4. On 20 March 2009 the President of the Chamber to which the case was allocated decided, in the interests of the parties and of proper conduct of the proceedings before the Court, to indicate to the Government of Russia, under Rule 39 of the Rules of Court, that the applicant should not be extradited to Uzbekistan until further notice.
5. On 1 October 2009 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1).


I. The circumstances of the case

A. Proceedings in Uzbekistan

6. The applicant was born in Uzbekistan in 1979. In March 2008 he left Uzbekistan and moved to Russia.
7. On 4 June 2008 the Main Investigations Department of the Uzbek Ministry of the Interior charged the applicant in absentia with organisation of a criminal group, attempts to overthrow the State's constitutional order and dissemination of the views of a radical extremist movement. The applicant's name was put on the wanted list.
8. On 5 June 2008 Namangan Criminal Court authorised the applicant's arrest.
9. On 9 July 2008 the Uzbek Prosecutor General's Office requested the Russian Prosecutor General's Office to extradite the applicant to Uzbekistan for prosecution.

B. Proceedings in Russia

1. Extradition proceedings

10. On 18 September 2008 the Russian Prosecutor General's Office decided to extradite the applicant to Uzbekistan. The extradition order stated, inter alia, the following:
"...the Main Investigations Department of the Uzbek Ministry of the Interior is investigating a c

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