Mukhamedkhodzhayev, Rakhmatullo

Gender: .
State of concern: .

Who, Why and How exiled:

Together with three other Uzbek citizens,  Rakhmatullo Mukhamedkhodzhayev, born 1989 moved to Russia between 2011 and 2012, seeking employment (ECHR, 2014).

They were arrested in Moscow in November 2012 and placed in detention pending extradition to Uzbekistan, where they had been charged, with participation in an extremist religious group (ECHR, 2014).

 

 

Category of exile: . (Definitions here.)
Alleged affiliation: Islamic Movement of Turkestan.

Associate with Nizamov and Others v. Russia (Avazbek Nizamov, born 1992; Khakim Dzhalalbayev, born 1983; Rakhmatullo Mukhamedkhodzhayev, born 1989; Olim Dzhalalbayev, born 1979).


Which stages experienced: Stage 1   Stage 2   not Stage 3. (Definitions here.)
Date of most serious incident: 2012.
Violence experienced: .

Stage 1 details (accusations/ charges/ Interpol notice/ extradition requests):

Indicted on 15 October 2012 by the Uzbek authorities on charges of participation in an extremist religious group known as the Islamic Movement of Turkestan. Also charged with attempting to overthrow the constitutional order in Uzbekistan. Their arrest was ordered and their names put on a wanted list (ECHR,  2014).

Stage 2 details (arrest/ detention/ extradition):

Arrested on 15 November 2012 by Russian authorities at Vnukovo airport in Moscow. Detained pending extradition to Uzbekistan. Russia refused to extradite them as their 'crimes' were not illegal under Russian law. All 4 were, however, re-arrested as illegal aliens and they were ordered to return to Uzbekistan. The ECHR ruled in May 2014 that their expulsion would violate Article 3 of the Convention, citing that they were at risk of ill-treatment if returned (ECHR, 2014).

Other actions during Stages 1–3 (dispossession/ overseas assets frozen/ intimidation/ action against associates/ …):

The Russian General Prosecutor refused the Uzbek authorities’ request for the applicants’ extradition, but following their release from detention in March and April 2013, respectively, they were immediately re-arrested as illegal aliens (ECHR,  2014).

International arrest warrant: .

Countries of transit, asylum and/or residence: .

Legal status (refugee/ asylum seeker/ resident):

Rakhmatullo Mukhamedkhodzhayev and three others applied for asylum at various times after December 2012, but their requests were refused (ECHR, 2014).

Current status:

They are detained in Moscow after the ECHR ruled that their expulsion would violate the Convention ( ECHR, 2014).


Legal sources:

European Court of Human Rights. 2014. "Case of Nizamov and Others v. Russia. Judgment" May 7, 2014. [Online]. Available at:  http://hudoc.echr.coe.int/eng?i=001-142844.