DUSHANBE, April 30, Asia-Plus 2013, Asia-Plus — The European Court of Human Rights has secured the claim of Tajik national Savriddin Jourayev, 28, against Russian authorities.
Ms. Yelena Ryabinina, the Right of Asylum program manager, Russia’s Institute of Human Rights says the European Court of Human Rights established that Russian law enforcement authorities violated rights of Tajik national, contributing to illegal extradition of him to Tajikistan. The court ordered Russian law enforcement authorities to pay 30,000 euros to Savriddin Jourayev for moral damage and 5,900 euros for legal costs.
Ruling handed down by the European Court of Human Rights notes that Russia is responsible for secret unlawful transfer to Tajikistan of a man protected by temporary asylum and interim measures.
According to press release issued by the European Court of Human Rights, in an April 26 Chamber judgment in the case of Savriddin Jourayev v. Russia the European Court of Human Rights held, unanimously, “that there had been: a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, on account of the authorities’ failure to protect Mr. Jourayev against the real and imminent risk of torture and ill-treatment by preventing his forcible transfer from Moscow to Tajikistan, the persistent refusals to conduct an effective investigation into the incident, and the involvement of State officials in that operation; a violation of Article 34 (right of individual petition) on account of Russia’s failure to comply with an interim measure issued by the European Court of Human Rights that no extradition should take place pending the Court’s proceedings; and, a violation of Article 5 § 4 (right to have lawfulness of detention decided speedily by a court) on account of delays in examining Mr. Jourayev’s appeals against two orders for his detention.”
“The case concerned the abduction and secret transfer of a man, whose extradition had been sought by the Tajik authorities and who had been granted temporary asylum in Russia, to his home country, Tajikistan, where he was subsequently prosecuted and sentenced to imprisonment for offences against national security.
“The Court held in particular that Mr. Jourayev faced a real risk of ill-treatment in Tajikistan and that he could not have been forcibly transferred there without the involvement of Russian State officials, whose actions had been tainted by manifest arbitrariness and abuse of power. The Court concluded that, like the so-called “extraordinary renditions,” the operation involving State agents in Mr. Jourayev’s case had been conducted outside the normal legal system and, by its deliberate circumvention of due process, was anathema to the rule of law and the values protected by the Convention.
“Under Article 46 (binding force and execution of judgments) of the Convention, the Court considered the pattern of similar repeated incidents in the recent past which suggests that certain State authorities have developed a practice in breach of their obligations under the Russian law and the Convention. In view of the situation and the nature of the violations found, the Court indicated to the Russian Government remedial measures in respect of Mr. Jourayev and general measures to prevent new similar violations, thus assisting Russia and the Committee of Ministers of the Council of Europe with a view to implementation of the judgment.
“Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final judgment.
“If the referral request is refused, the Chamber judgment will become final on that day.
“Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.”
We will recall that Savriddin Jourayev was released from detention in Russia on May 20, 2011 and reportedly abducted on October 31, 2011. On November 1, 2011 he reportedly flew from a Moscow airport to Tajikistan without possessing a passport, he had only temporary asylum certificate on him. On April 19, 2012 he was sentenced to 26 years prison term. The sentence followed his conviction on the charge of involvement in the Islamic Movement of Uzbekistan (IMU). Savriddin Jourayev maintains his innocence.
