Ergashev, Urinboy

State of concern: .
Original citizenship: .
Alleged affiliation: Cleric, Hizb ut-Tahrir.
Which stages experienced: Stage 1   Stage 2   not Stage 3
Class of most serious incident: .
Date of most serious incident: 2010.
Countries of transit, asylum and/or residence: .
Exiled? Yes.
Category of exile: .

Who, Why and How exiled: Became a mullah in the mosque of Mamurobod in 1989 in Uzbekistan. Graduated as a qualified Arabic teacher from the Foreign Languages Institute in Andijan, Uzbekistan in 1999. Provided religious consultations about Islam, as well as teaching Arabic and Koran studies from 1999 to 2007. Moved to St Petersburg in February 2007 (ECHR,  2011;  IWPR, 2009).

Stage 1 details (accusations/ charges/ Interpol notice/ extradition requests): Charged in absentia on 8 December 2007 by the Uzbek authorities. The charges related to a number of crimes including membership of an extremist organisation (Hizb ut-Tahrir), attempting to overthrow the State’s constitutional order and dissemination of the views of a radical extremist movement. Ergashev's name was put on the wanted list and an international arrest warrant was issued against him under the Minsk Convention. Also accused in the media of planning to create an Islamic State in the Fergana valley (ECHR, 2011).

Stage 2 details (arrest/ detention/ extradition): Arrested in St Petersburg on 1 September 2008. Uzbek authorities requested his extradition from Russia on 25 September 2008. Ergashev appealed the order on grounds of fear of persecution for his political and religious views. He was released in February 2009 due to an expiration of the detention order, but was rearrested in March. The St Petersburg City Court overruled the extradition order in August 2009 as Ergashev was, at the time, requesting asylum in Russia. He was subsequently released from prison again. However, the City Court reviewed the case in May 2010 and upheld the extradition order as Uzbek authorities guaranteed no ill-harm would come to Ergashev. The Supreme Court of Russia further supported the decision in July 2010 and the extradition order became final. Ergashev was rearrested briefly in September 2010, before being released under house arrest pending extradition to Uzbekistan. The case was taken to the ECHR who ruled that the forcible return of Ergashev to Uzbekistan would lead to a real risk of torture and would therefore violate Article 3 of the European Convention on Human Rights. His extradition was cancelled (ECHR,  2011; IWPR, 2009).

Legal status (refugee/ asylum seeker/ resident): Registered as a migrant in St Petersburg, Russia in 2007. Unsuccessfully applied for refugee status and temporary asylum multiple times between 2008 and 2010. As of 2011,  holds temporary asylum status (ECHR,  2011).

Current status: Living in Russia with temporary asylum status (as of 2011).

Press sources: IWPR 'Судебный прецедент об отказе в экстрадиции беженца должен стать нормой', 27th August, 2009. [Online]. Available at: https://iwpr.net/ru/global-voices/%D1%81%D1%83%D0%B4%D0%B5%D0%B1%D0%BD%D1%8B%D0%B9-%D0%BF%D1%80%D0%B5%D1%86%D0%B5%D0%B4%D0%B5%D0%BD%D1%82-%D0%BE%D0%B1-%D0%BE%D1%82%D0%BA%D0%B0%D0%B7%D0%B5-%D0%B2-%D1%8D%D0%BA%D1%81%D1%82%D1%80%D0%B0%D0%B4%D0%B8%D1%86%D0%B8%D0%B8  

Legal sources: European Court of Human Rights, 'Case of Ergashev v. Russia. Judgment', December 20, 2011. [Online]. Available at:  http://hudoc.echr.coe.int/eng?i=001-108162.