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

appeal.
36. On 28 September 2009 the applicant lodged an appeal with the Chairman of the Moscow City Court against the decision of 31 August 2009. On 12 October 2009 the City Court dismissed the applicant's appeal for failure to comply with the procedural requirements.
37. On 10 December 2009 the applicant requested the Russian Prosecutor General's Office to order his release, stating that his detention had exceeded the time-limit prescribed by the Criminal Procedure Code.
38. On 22 December 2009 the applicant appealed through the supervisory review procedure to the Supreme Court against the decision of the Moscow City Court of 12 October 2009. On 24 December 2009 the Supreme Court dismissed the appeal.
39. On 20 January 2010 the Russian Prosecutor General's office refused to order the applicant's release, referring to the application of the interim measure by the Court.
40. On 23 April 2010 the Babushkinskiy inter-district prosecutor's office ordered the applicant's release and on the same date requested the Babushkinskiy District Court to change the restrictive measure applied in respect of the applicant to house arrest and to transfer him to the detention centre for foreign citizens.
41. On 23 April 2010 the Babushkinskiy District Court refused to grant the request of the inter-district prosecutor's office and released the applicant from detention.
42. On 26 April 2010 the Babushkinskiy inter-district prosecutor's office ordered the applicant to sign an undertaking not to leave the area.

3. The applicant's requests for refugee status
and temporary asylum

43. On 11 August 2008 the applicant requested the Moscow Federal Migration Service (the FMS) to grant him refugee status in Russia. He referred to his politically-motivated persecution in Uzbekistan for alleged participation in the Andijan events in May 2005.
44. On 9 October 2008 the FMS refused to grant him refugee status, stating that "...there are no substantiated grounds for Mr M. Yuldashev to fear that he would become victim of political persecution in Uzbekistan..."
45. On 24 November 2008 the applicant appealed against the refusal to the Zamoskvoretskiy District Court of Moscow. Referring, inter alia, to the case-law of the European Court of Human Rights, the applicant complained that his allegations that there was a real risk of ill-treatment in Uzbekistan had not been duly examined by the FMS and requested that the decision of 9 October 2008 be overruled.
46. On 4 December 2008 the Zamoskvoretskiy District Court rejected the applicant's complaint and upheld the refusal. The applicant appealed to the Moscow City Court against this decision.
47. On 26 December 2008 the Moscow City Court upheld the District Court's decision, stating that
"...the applicant failed ...to provide convincing reasons demonstrating a well-founded fear that he would become a victim of political, racial or religious... persecution upon his return to Uzbekistan..."
48. On 28 September 2009 the Moscow FMS decided to examine the applicant's request for temporary asylum in Russia.
49. On 26 October 2009 the Russian Department of the UN High Commissioner on Refugees informed the Moscow FMS that the applicant's fear of politically motivated ill-treatment in Uzbekistan was well-founded and justified.
50. On 25 December 2009 the Moscow FMS rejected the applicant's request for temporary asylum on the grounds that there was no real risk of him being ill-treated in Uzbekistan.
51. On 11 February 2010 the applicant appealed against the refusal of 25 December 2009 to the Russia FMS. The proceedings are still pending.

II. Relevant international and domestic legal material

A. Detention pe

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