Постановление Европейского суда по правам человека от 12.05.2010 «Дело Ходжаев (Khodzhayev) против России» [англ.]

t was advised of his right to appeal against the decision before the Moscow Regional Court within three days.
35. On 24 December 2007 the Tajik Prosecutor General's Office requested the Russian Prosecutor General's Office to extradite the applicant as a person charged with terrorism-related crimes.
36. On 28 December 2007 the Town Court ordered the applicant's placement in custody pending extradition pursuant to Articles 108 and 466 of the CCP. The document was entitled "Decision concerning the choice of custodial detention as a preventive measure". The applicant was advised of his right to appeal against the decision before the Moscow Regional Court within three days.
37. The applicant did not appeal against the Town Court's decisions of 30 November and 28 December 2007.
38. On 11 January 2008 the applicant argued for the first time that in Tajikistan he had been persecuted on political grounds in his letters to the UNHCR Office and the Moscow FMS.
39. On 4 June 2008 the Russian Deputy Prosecutor General granted the Tajik Prosecutor General's Office's request and ordered the applicant's extradition. The applicant was advised of his right to appeal against the order within ten days.
40. On 28 July 2008 the applicant appealed against the extradition order.
41. On 5 August 2008 the Moscow FMS received the applicant's request for temporary asylum.
42. On 22 August 2008 the Moscow City Court dismissed the applicant's appeal against the extradition order.
43. On 27 August 2008 the applicant appealed against the judgment of 22 August 2008.
44. On 28 October 2008 the Russian Supreme Court dismissed the applicant's appeal and upheld the judgment of 22 August 2008. On 13 November 2008 the applicant was served with the appeal court's decision.

3. Asylum proceedings

45. On 24 January 2008 the Russian Prosecutor General's Office received the applicant's counsel's request to allow UNHCR Office staff to visit the applicant. A request made by the UNHCR Office reached the Russian Prosecutor General's Office only on 23 July 2008. The request did not contain the personal details of the staff in question. As soon as those details had been communicated by the UNHCR Office, the Russian Prosecutor General's Office issued a permit to visit the applicant.
46. On an unspecified date the UNHCR Office informed the prosecutor's office of the Moscow Region that the applicant was eligible for international protection.
47. On 26 February 2008 the applicant requested the Moscow FMS to grant him refugee status.
48. On 20 March 2008 officials of the Moscow FMS visited the applicant in the remand prison and interviewed him.
49. The applicant was provided with ample opportunities to substantiate his fears of persecution in Tajikistan. He was interviewed by State officials in this respect on several occasions.
50. On 16 May 2008 the Moscow FMS, having thoroughly studied the applicant's request, dismissed it and refused to declare the applicant a refugee. The applicant appealed against that decision.
51. On 3 July 2008 the Zamoskvoretskiy District Court of Moscow refused to admit the applicant's appeal against the Moscow FMS's decision of 16 May 2008 and invited the applicant to eliminate the discrepancies in his appeal by 18 July 2008.
52. On 25 August 2008 the Zamoskvoretskiy District Court of Moscow ruled that the applicant's appeal against the Moscow FMS's decision should not be examined because the applicant had failed to eliminate the discrepancies referred to in the ruling of 3 July 2008.
53. On 26 November 2008 the applicant's request for temporary asylum was dismissed.
54. On 18 November 2008 the Moscow City Court

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