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Постановление Европейского суда по правам человека от 23.09.2010 «Дело Искандаров (Iskandarov) против России» [англ.]



(Application No. 17185/05)


(Strasbourg, 23.IX.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 Iskandarov 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,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 September 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 17185/05) 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 a Tajikistani national, Mr Mukhamadruzi (also spelled Mahmadruzi) Iskandarov ("the applicant"), on 6 May 2005.
2. The applicant was represented by Ms K.A. Moskalenko, a lawyer practising in 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. On 30 May 2008 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

4. The applicant was born in 1954 and lives in Dushanbe.

A. The applicant's account of events

1. Background of the case

5. In May 1992 a civil war erupted in Tajikistan when ethnic groups under-represented in the ruling elite rose up against the national government of President Nabiyev. Politically, the discontented groups were represented by liberal democratic reformists and Islamists, who fought together and later organised themselves under the banner of the United Tajik Opposition ("UTO"). By June 1997 fifty to one hundred thousand people had been killed.
6. During the civil war in Tajikistan, the applicant was one of the leaders of the UTO.
7. On 27 June 1997 a peace agreement was signed by President Rakhmonov and the UTO leader. The applicant was appointed as the head of the State Committee for Extraordinary Situations and Civic Defence of Tajikistan. While in office, he was awarded the rank of Major-General.
8. In 1999 the President of Tajikistan appointed the applicant as the director of the unitary enterprise Tajikkommunservis.
9. On 13 September 1999 the applicant was elected chairman of the Democratic Party of Tajikistan.
10. On 4 June 2001 the applicant was appointed as the director of the unitary enterprise Tajikgaz.
11. At some point the applicant openly criticised the President of Tajikistan.
12. On 1 December 2004 the applicant moved to Russia.

2. Charges against the applicant and extradition proceedings

13. On 25 November 2004 the Tajik Prosecutor General's Office charged the applicant in his absence with terrorism, gangsterism, unlawful possession of firearms and embezzlement.

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