Rakhmonov v. Russia (no. 50031/11) [Articles 2, 5 § 1,4 ECHR]

Date: 
Friday, October 4, 2013

The applicant, Abdusami Rakhmonov, is an Uzbekistani national who was born in 1974 and has been living in Moscow since July 2010. In September 2010, a court in Uzbekistan ordered his arrest pending a criminal investigation against him. In February 2011, he was arrested in Moscow and placed in detention with a view to his extradition to Uzbekistan. In August 2011, the Russian Prosecutor General rejected the request for his extradition. An order for his administrative expulsion was quashed by the courts in September 2011. On 18 October 2010 the applicant lodged a request with the Moscow Division of the Federal Migration Service (the FMS) seeking refugee status in Russia. On 21 January 2011 the FMS refused to grant refugee status to the applicant. The applicant appealed. On 6 July 2011 the FMS refused by a de novo decision to grant the applicant refugee status. The applicant appealed. It appears that the appeal proceedings are still pending.
Relying in particular on Article 5 § 1 (right to liberty and security), he complained that his placement in detention pending extradition in February 2011 and the extension of that detention in March 2011 had been unlawful. Furthermore, relying on Article 5 § 4 (right to have lawfulness of detention decided speedily by a court), he complained that he had been unable to obtain a speedy review of his detention pending extradition.

The Court found:

-Violation of Article 5 § 1 (on account of the applicant’s detention from 4 February to 24 March 2011)
- Violation of Article 5 § 4 (lack of a speedy review of the detention)
- The Court also awarded just satisfaction: EUR 1,000 (non-pecuniary damage)

For the full text of the judgment please visit: ECtHR: Rakhmonov v. Russia (no. 50031/11)

 


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

                                                     

 

Keywords: 
Effective access to procedures
Detention
Tags: 
ECtHR
European Union