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





aph 14 below).
11. On 7 November 2007 the applicant was charged in absentia with a number of crimes, including commission of terrorist acts, membership of extremist organisations, attempts to overthrow the State's constitutional order and organisation of mass disorder.
12. On 26 November 2007 the Uzbek Prosecutor General's Office requested the Russian Prosecutor General's Office to extradite the applicant to Uzbekistan for prosecution.
13. On 21 April 2008 the Uzbek Prosecutor General's Office reiterated its request for the applicant's extradition to the Russian Prosecutor General's Office, stating that "the prosecution of M.T. Yuldashev will be conducted in strict compliance with the Uzbek legislation".

C. Proceedings in Russia

1. Extradition proceedings

14. On 31 October 2007 the applicant was arrested in Krasnoyarsk, Russia, on the grounds that his name had been put on a cross-border wanted list by the Uzbek authorities.
15. On 28 April 2008 the Russian Prosecutor General's Office granted the request of the Uzbek authorities and decided to extradite the applicant to Uzbekistan.
16. On 20 May 2008 the applicant was informed about the extradition order.
17. On 10 October 2008 the applicant appealed against the extradition order to the Moscow City Court, stating, inter alia, that he was being sought by the Uzbek authorities for political crimes and that the Russian Prosecutor General's Office had disregarded his allegations that there was a real risk of ill-treatment if he was extradited to Uzbekistan. The applicant requested the court to overrule the extradition order as unlawful and to release him from detention.
18. On 26 December 2008 the Moscow City Court dismissed the applicant's appeal and upheld the extradition order. The court stated, inter alia, that the applicant's allegations that there was a risk of ill-treatment in Uzbekistan
"...were of a general nature and could not be taken into consideration during the examination of the specific information received in M.T. Yuldashev's case...
...the letter of the Prosecutor General's Office of Uzbekistan guarantees that the prosecution of M.T. Yuldashev will be conducted in strict compliance with the Uzbek legislation."
19. On 11 January 2008 the applicant appealed against this decision to the Supreme Court of the Russian Federation (the Supreme Court).
20. On 13 January 2009 the European Court of Human Rights granted the applicant's request for the application of interim measures under Rule 39 of the Rules of Court to suspend his extradition to Uzbekistan.
21. On 5 March 2009 the Supreme Court upheld the decision of the Moscow City Court and the extradition order became final.

2. The applicant's detention pending extradition
and his applications for release

22. On 31 October 2007 the applicant was arrested in Krasnoyarsk and on 1 November 2007 the Zheleznodorozhniy District Court of Krasnoyarsk authorised his detention pending extradition until "the issue concerning the extradition of M.T. Yuldashev to Uzbekistan has been resolved" and without providing any time-limits.
23. On 30 January 2008 the Zheleznodorozhniy District Court ordered the applicant's detention pending extradition to Uzbekistan under Article 466 § 1 of the CCP. No time-limits were provided for this detention.
24. On 2 November 2008 the applicant complained to the Moscow Prosecutor stating that his detention was both unlawful and excessively long. He requested to be released and stated that he had been detained for more than a year and that the prosecutor's office had failed to apply for an extension of his initial detention order of 1 November 2007. The Moscow Prosecutor repli



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