Khaydarov, Mahmadjon

State of concern: .
Original citizenship: .
Ethnicity: .
Alleged affiliation: United Tajik Opposition (UTO).
Which stages experienced: Stage 1   Stage 2   not Stage 3
Class of most serious incident: .
Date of most serious incident: 2008.
Countries of transit, asylum and/or residence: .
Exiled? Yes.
Category of exile: .

Who, Why and How exiled: According to Khaydarov, he fled to Uzbekistan after his village, which was largely populated by ethnic Uzbeks, was attacked during the Tajik Civil War (1992-1997). He then moved to Russia in 1998. (ECHR, 2010)

Stage 1 details (accusations/ charges/ Interpol notice/ extradition requests): In January 2006, Criminal proceeding were brought against Khaydarov by the Tajik Prosecutor General’s Office, in regards to alleged involvement with an illegal armed group in 1997. Khaydarov was put on an international wanted list in April 2006, yet the investigations were suspended in July as his whereabouts were unknown. (ECHR, 2010).

Stage 2 details (arrest/ detention/ extradition): Khaydarov was arrested in Moscow on 17th April 2008, as a person wanted by the Tajik authorities- this was the first he had learnt of a criminal proceedings against him. Khaydarov was detained by the police and two days later was in custody, based on the Russian Code of Criminal Procedure. On 14 May 2009 the Supreme Court ordered Khaydarov’s continued detention, his lawyer made repeated attempts to apply for his release, all of which were unsuccessful. On the 20th November 2008, the Russian Prosecutor General’s Office ordered Khaydarov’s extradition upon a request by the Tajik Prosecutor General made in April 2008. The ECHR held that extraditing Mr Khaydarov to Tajikistan would violate Article 3- which prohibits torture and inhumane treatment (ECHR, 2010).

Legal status (refugee/ asylum seeker/ resident): In November 2009, the Russian Office of the UNHCR submitted a report to the immigration authorities, which supported Khaydarov’s request for temporary asylum stating that he ran a real risk of being ill-treated if extradited to Tajikistan. (ECHR, 2010).  

Current status: Khaydarov is believed to still be in detention in Russia (ECHR, 2010).

Legal sources: European Court of Human Rights, 2010.  " Khaydarov v. Russia, European Court of Human Rights, 20th June 2010". [Online]. Available at:  http://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=003-3128374-3471445&filename=003-3128374-3471445.pdf.