Постановление Европейского суда по правам человека от 20.05.2010 «Дело Хайдаров (Khaydarov) против России» [англ.]

tory of Tajikistan after completion of the court proceedings and having served any sentence; he will not be extradited to a third State without the Russian authorities' consent and will not be persecuted on political and religious grounds."
35. On 14 May 2009 the Supreme Court of Russia ("the Supreme Court") quashed the judgment of 1 April 2009 because the Moscow City Court had failed to thoroughly examine the applicant's counsel's claim that the crime that the applicant had been charged with was of a political nature. Moreover, the Supreme Court stated that the Russian Office of the United Nations High Commissioner for Refugees (UNHCR) had confirmed that the applicant's fears of political persecution had been well-founded. The case file was returned to the Moscow City Court for a fresh examination.
36. On 26 May 2009 the Tajik Prosecutor General's Office informed the Russian Prosecutor General's Office that Tajikistan had ratified the UN Convention against Torture.
37. On 3 June 2009 the Moscow City Court re-examined the appeals against the extradition order and upheld it. It reasoned that the applicant was a Tajikistani national, held no refugee status and, according to the Tajik Prosecutor General's Office, had not been prosecuted for political or religious reasons. The court also pointed out that the applicant had applied for temporary asylum only on 6 April 2009 and concluded that his application could not impede the examination of the appeals against the extradition order. It further referred to the guarantees of 10 April and 26 May 2009 provided by the Tajik Prosecutor General's Office that the applicant would not be persecuted on political and religious grounds and dismissed the report by Ms Ryabinina as unsubstantiated, arguing that the assurances in question sufficed to exclude the risk of ill-treatment in the applicant's case. The applicant's allegations that the criminal proceedings against him had been linked to the events surrounding the civil war remained unanswered.
38. On 30 July 2009 the Supreme Court upheld the Moscow City Court's decision of 3 June 2009. It reasoned that Tajikistan had ratified the UN Convention against Torture and referred to the guarantees given by the Tajik Prosecutor General's Office. On the same date the extradition order became final.

D. Asylum proceedings

39. On 17 June 2008 the applicant applied to the Moscow Office of the Federal Migration Service ("the Moscow FMS") for asylum, claiming that the Tajik authorities had persecuted him on the ground of his ethnic origin.
40. On 6 October 2008 the asylum request was dismissed; on 1 November 2008 the applicant was notified accordingly.
41. On 28 January 2009 the Zamoskvoretskiy District Court of Moscow dismissed an appeal by the applicant against the decision by the Moscow FMS.
42. On 26 March 2009 the Moscow City Court upheld the judgment of 28 January 2009 on appeal.
43. On 6 May 2009 the UN High Commissioner for Refugees declared the applicant a person requiring international protection.
44. On 22 September 2009 the Moscow FMS rejected the applicant's request for temporary asylum and notified him accordingly on 5 October 2009.
45. The applicant appealed against the refusal of 22 September 2009 to the Federal Migration Service of Russia ("the Russian FMS").
46. On 13 November 2009 the Russian Office of the UNHCR sent the Russian FMS a report in support of the applicant's request for temporary asylum, stating that he ran a real risk of being ill-treated in Tajikistan. The report read, in particular, as follows:
"Mr Khaydarov's allegations [of a risk of ill-treatment] are supported by numerous documents concerning the events of 1997 - 98 in Tajikistan. ...[E]thnic Uzbeks were subjected to oppression and p

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