Постановление Европейского суда по правам человека от 21.10.2010 «Дело Гафоров (Gaforov) против России» [англ.]

m other reliable and objective sources (see Salah Sheekh, cited above, § 136; and Saadi, cited above, § 131).
130. In this connection the Court points out that evidence from a number of objective sources describes a disturbing situation in Tajikistan. In particular, the UN Committee against Torture, the US Department of State, Amnesty International and Human Rights Watch described the practice of torture against those in police custody as "systemic", "widespread" and "routine" (see paragraphs 93, 94 and 98 above). The Committee also pointed out that detainees were often kept in unrecorded detention, and prevented from having access to legal counsel and medical expertise following their arrest, and that interrogation methods prohibited by the Convention Against Torture were frequently used (see paragraph 93 above).
131. Human Rights Watch referred to the issue of incommunicado detention (see paragraph 95 above) and the US Department of State specifically stated that the Tajik authorities held detainees charged with crimes related to national security incommunicado for long periods of time (see paragraph 99 above). It is also noted that several independent observers stated that granting impunity to State officials for acts of rampant torture was common practice (see paragraphs 96, 98 and 99 above).
132. Turning to the applicant's personal situation, the Court points out that he was wanted by the Tajikistani authorities on account of his alleged active participation in Hizb ut-Tahrir, a religious organisation which the Tajikistani Supreme Court had banned because of its extremist activities. The comprehensive list of charges against the applicant included, besides incitement to religious hatred and participation in a criminal organisation, appeals to overthrow the constitutional order, which undoubtedly belongs to the category of crimes against national security.
133. The Court further observes that, according to Human Rights Watch, the Government's harassment of non-traditional religious groups and Muslim groups that were independent of state-controlled religious bodies had intensified in 2007 (see paragraph 95 above) and it appears that that trend, in particular in respect of alleged members of Hizb ut-Tahrir, continued after 2008 and throughout 2010 (see paragraphs 97 and 98 above).
134. It was stated, among other things, that law enforcement authorities continued arresting individuals simply because they were accused of possessing leaflets of Hizb ut-Tahrir, and sentencing them to lengthy imprisonment terms on questionable evidence (see paragraphs 95, 97 and 98 above). Against this background it is highly significant for the Court that the Tajikistani authorities have consistently refused to allow independent observers access to detention facilities (see paragraphs 93, 95 and 99 above, and compare Abdolkhani and Karimnia v. Turkey, No. 30471/08, § 81, ECHR 2009-... (extracts)). It is also noted that in a recent judgment against Russia the Court has found that there were serious reasons to believe in the existence of the practice of persecution of members and supporters of Hizb ut-Tahrir, whose underlying aims appear to be both religious and political (see Khodzhayev v. Russia, No. 52466/08, § 101, 12 May 2010).
135. As regards the applicant's submission that he had already experienced ill-treatment at the hands of Tajikistani law enforcement officials, the Court observes that he did not adduce certain evidence, such as, for example, his relatives' statements, to support his submission Nonetheless, it considers that the applicant's account of events is consistent and detailed (see Garayev v. Azerbaijan, No. 53688/08, § 72, 10 June 2010). In this respect the Court finds peculiar that the decision of 25 May 2006 issued by the Tajik authorities explicitly stated that the applicant had escaped from the "summer cottage" of the MNS, which, in the Co



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