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Постановление Европейского суда по правам человека от 08.07.2010 «Дело Юлдашев (Yuldashev) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF YULDASHEV v. RUSSIA
(Application No. 1248/09)

JUDGMENT <*>

(Strasbourg, 8.VII.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 Yuldashev 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 17 June 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

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 Murod Yuldashev ("the applicant"), on 12 January 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 his extradition to Uzbekistan, where he faced politically motivated persecution by the local authorities, gave rise to violations of his rights under Articles 3, 5 and 13 of the Convention.
4. On 13 January 2009 the President of the Chamber to which the case was allocated decided, in the interests of the parties and the 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 20 May 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).

THE FACTS

I. The circumstances of the case

A. Background information

6. The applicant was born in Uzbekistan in 1972.
7. Prior to May 2005 the applicant lived and worked in Uzbekistan in a shoe factory. On 13 May 2005 the applicant and his colleagues attended a demonstration held on Bobur square in Andijan, Uzbekistan. The meeting was organised to protest against government policies. At some point the authorities opened fire on the protesters. The applicant managed to escape from the square. When he returned home his relatives told him that he was being sought by the Uzbek law-enforcement agencies on suspicion of organising the events in Andijan.
8. On 26 May 2005 the applicant fled to Russia fearing prosecution by the Uzbek authorities. He did not have a permanent place of residence in Russia.

B. Proceedings in Uzbekistan

9. On 2 June 2005 the Fergana Region Prosecutor's Office issued an arrest warrant in respect of the applicant for his alleged participation in the Andijan events. The applicant's name was put on a search list.
10. On 31 October 2007 the applicant was arrested in Russia (see paragr



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