Постановление Европейского суда по правам человека от 17.06.2010 «Дело Колесник (Kolesnik) против России» [англ.]

ng in Russia.
10. The applicants purchased a house in the Tula Region. In May 2006 the first applicant obtained a temporary residence permit. In September 2006 the first applicant also applied for Russian citizenship.
11. On 22 February 2007 her application for Russian citizenship was refused on the ground that criminal proceedings were pending against her in the State of her nationality. It does not appear that the first applicant appealed against this decision to a court.

B. Asylum proceedings

12. On 24 July 2007 the first applicant applied to the Federal Migration Service (the FMS) seeking refugee status.
13. On 26 July 2007 the FMS refused to examine the merits of the request, on the ground that the first applicant had a temporary residence permit, was married to a Russian national and was on a wanted list in Turkmenistan.
14. The first applicant complained about the refusal to the Central District Court of Tula. In her complaint she did not raise any arguments concerning her fears that in Turkmenistan she would be subjected to ill-treatment and separated from her family.
15. On 28 January 2008 the Central District Court of Tula upheld the decision of the FMS and dismissed the first applicant's complaint. The first applicant appealed.
16. On 29 May 2008 the Tula Regional Court upheld the first-instance decision.
17. On 2 July 2008 the first applicant applied for temporary asylum in Russia. In her application she stated briefly that she would be subjected to torture and other forms of ill-treatment if expelled to Turkmenistan.
18. On 23 July 2008 the first applicant was interviewed in this connection while in custody.
19. On 25 July 2008 her application was accepted for examination, and on 22 October 2008 the FMS refused the application. The first applicant appealed, referring to a threat of inhuman treatment in Turkmenistan and to family ties in Russia.
20. On 17 February 2009 the Zamoskvoretskiy District Court of Moscow ruled that the FMS decision should be upheld. The first applicant did not appeal against this decision to a higher court.

C. Extradition proceedings

21. On 28 January 2006 the Turkmen authorities, in the context of the criminal proceedings commenced in 2005, charged the first applicant with economic crimes and fraud and placed her on a wanted list.
22. On 6 September 2006 the prosecutor of the Kopetdagsky District of Ashgabat remanded the first applicant in custody.
23. On 10 October 2006 the Turkmen authorities sent the Office of the Prosecutor General of Russia a request to extradite the first applicant.
24. On 15 December 2006 the first applicant learned from the deputy prosecutor of Donskoy town that an "extradition check" was being conducted. Thereafter she contacted various branches of Russian authorities asking for protection from allegedly unlawful persecution by Turkmen authorities.
25. On 28 August 2007 the Moscow Inter-District Transport Prosecutor's Office drafted a report on the results of the "extradition check". The report stated, inter alia:
"As it follows from the documents submitted by [the Turkmen authorities], [the first applicant] is wanted for crimes [punishable under Turkmen law]...
[The first applicant] is not persecuted in Turkmenistan on political, religious, ethnic or racial grounds, she does not possess information which constitutes any State or military secret of the Russian Federation, and she has not applied to the Russian competent authorities for either political asylum or refugee status. She has applied for... Russian nationality. However, her request has been refused... on the ground of criminal prosecution by competent authorities of a foreign State.
[The first applicant] is aware of the grounds for... the crimi

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