eference to uncorroborated testimony of law enforcement officers, especially members of the [Ministry of Security], and often discounted the absence of physical evidence.
According to the law both defendants and attorneys have the right to review all government evidence, confront and question witnesses, and present evidence and testimony. No groups are barred from testifying, and, in principle, all testimony receives equal consideration. The law provides for the right to appeal. The law extends the rights of defendants in trial procedures to all citizens.
...
The constitution provides for freedom of religion; however, in practice the government continued to impose restrictions and respect for religious freedom continued to deteriorate.
The Council of Ulamo, a committee of Islamic clergy, provides interpretations of religious practice that imams throughout the country are required to follow. While the council is officially an independent religious body, in practice it is heavily influenced by the government. The Department of Religious Affairs (DRA) at the Ministry of Culture is responsible for general regulation of all religious organizations. The DRA, in consultation with local authorities, registers and approves all religious places of worship. For Muslims, the DRA controls all aspects of participation in the hajj, including choosing participants. President Rahmon established a Center for Islamic Studies during the year to guide religious policy.
The government continued to impose limitations on personal conduct and to restrict activities of religious groups that it considered "threats to national security."... Government officials visited mosques on a regular basis to monitor activities, observe those who attended the mosques, and examined audio and video materials for evidence of extremist and antigovernment material. The DRA continued to test imams on their religious knowledge and to ensure they followed official positions on religious issues.
...
Government concerns about foreign influence resulted in restrictive measures against minority religious groups. The government continued its ban on HT [Hizb ut-Tahrir], which it classified as an extremist Islamic political movement, and authorities introduced restrictive measures against another Islamic group, the Salafis. ..."
THE LAW
I. Alleged violation of Article 3 of the Convention
76. The applicant alleged that, if extradited to Tajikistan, he would be subjected to ill-treatment in breach of Article 3 of the Convention. He also claimed that the Russian authorities had failed to assess risks of ill-treatment that he would run in the requesting country. Article 3 of the Convention reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. The parties' submissions
1. The Government
77. The Government contested the applicant's arguments.
78. In their submissions, the Tajik authorities had argued that in 1998 - 2000 the applicant had participated in an illegal criminal group created in order to violently overthrow the Tajik constitutional regime and, as a member of Hizb ut-Tahrir, had disseminated information aimed at inspiring racial and religious hatred and had recruited new members of the illegal group.
79. On 14 February 2003 the Russian Supreme Court had proclaimed Hizb ut-Tahrir a terrorist organisation and declared its activities prohibited on the territory of the Russian Federation.
80. When asked whether he had been persecuted for political reasons during the first interview with the Odintsovo prosecutor's office on 28 November 2007, the applicant had replied in the negative and stated that he had come to Russia to find employment.
81. On 20 March 2008 the appl
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