Mukhitdinov, Lutpiddin

European Court of Human Rights, found in favour of applicant on 21 May 2015. It recongised that there has been a violation of Article 3 of the Convention on account of exposing the applicant to a real and imminent risk of torture and ill-treatment by authorising his extradition to Uzbekistan. It further states acknowledged there has been a violation of Article 3 of the Convention on account of the Russian authorities’ responsibility for the applicant’s disappearance and their failure to carry out an effective investigation into the incident. (European Court of Human Rights, 2015.)
State of concern: .
Original citizenship: .
Which stages experienced: Stage 1   Stage 2   Stage 3
Class of most serious incident: .
Date of most serious incident: 2014.
Countries of transit, asylum and/or residence: .
Exiled? Yes.
Category of exile: .

Who, Why and How exiled: Mukhitdinov has lived in Russia since 1997, according to Uzbek authorities, he has forfeited his Uzbek nationality because of his unaccounted absence from the country for more than five years. (European Court of Human Rights, 2015).

Stage 1 details (accusations/ charges/ Interpol notice/ extradition requests): Lutpiddin has been accused of being IMU member. On the 7th May 1998 he was charged with illegal crossing of the Uzbek State border. Further charges were levelled against Mukhitdinov on th 15th December 2009, under Article 159 § 3 of the Uzbek Criminal Code (“Infringement of the constitutional order of Uzbekistan”) and Article 242 § 1 (“Organisation of a criminal enterprise”). The charges related to the applicant’s alleged participation in the religious terrorist organisation The Islamic Movement of Uzbekistan (Wahhabii). Mukhitdinov was suspected of meeting with its representatives during his stay in Saudi Arabia and of spreading the ideas of the organisation. In 2009 Namangan court issued an arrest warrant (European Court of Human Rights, 2015).

Stage 2 details (arrest/ detention/ extradition): In June 2013 Mukhitdinov was arrested in Tyumen, Russia, and subsequently placed in detention pending his extradition to Uzbekistan. Counsel’s allegations of a real risk of ill‑treatment or torture in Uzbekistan were “unsubstantiated” (голословные) by Tyumen court and 'unconvincing' by supreme court. The order for Lutpiddin's detention was extended several times until he was released on 11 March 2014. On 17th March 2014, the European Court of Human Rights indicated to the Russian Government, under Rule 39 (interim measures) of its Rules of Court, that Lutpiddin should not be extradited or otherwise involuntarily removed from Russia for the duration of the proceedings before the European Court (European Court of Human Rights, 2015).

Stage 3 details (attack/ abduction/ rendition/ torture/ assassination/ death): On the 22nd July 2014, Mukhitdinov was taken from his home by seven uniformed officers of the Federal Migration Service. Mukhitdinov's lawyer arrived immediately on the scene but was prevented from following by the traffic police. When Mukhitdinov's wife and son arrived at the local office of the Migration Service later on that day, they were told that he had already been released. Further to the Court’s request for factual information on 7th August 2014 the Government replied that Mukhitdinov's current whereabouts were unknown, that he had not been detained or transferred outside of the Russian territory by State agents (European Court of Human Rights, 2015).

Legal status (refugee/ asylum seeker/ resident): Mukhitdinov acquired Russian nationality in 2001 but has been stateless since the Russian Federal Migration Service cancelled his Russian passport in 2013, on the ground that he had obtained Russian nationality by fraud (European Court of Human Rights, 2015).

Current status: On 1st September 2014 the Tyumen Regional Prosecutor’s office informed the counsel that on 25th August 2014 the Tyumen Regional Investigations Committee instituted a criminal case into the applicant’s disappearance ( European Courts of Human Rights, 2015).

Press sources: European Court of Human Rights. 2015."Judgements and Decisions on Mukhitdinov v. Russia", 21st May 2015.[Online]. Available at:  http://hudoc.echr.coe.int/webservices/content/pdf/003-5086646-6265270