Muminov, Rustam Tulaganovich

State of concern: .
Original citizenship: .
Ethnicity: .
Alleged affiliation: Hizb ut-Tahrir.
Which stages experienced: Stage 1   Stage 2   Stage 3
Class of most serious incident: .
Date of most serious incident: 2006.
Countries of transit, asylum and/or residence: .
Exiled? Yes.
Category of exile: .

Who, Why and How exiled: Muminov Rustam Tulaganovic arrived in Russia in July 2000 and resided in the town of Michurinsk in the Tambov Region. Until mid-2003 he returned to Uzbekistan for several short periods of time. In 2004 he was convicted by a Russian court and sentenced to six months' imprisonment for having used a false migration card. After his release, in October 2004 he moved to Usman, a provincial town in the Lipetsk Region, where he worked and lived  ( DW, 2007).

Stage 1 details (accusations/ charges/ Interpol notice/ extradition requests): In April 2005 two Uzbek nationals complained to the Uzbek National Security Service (NSS) that Muminov had been engaged in anti-constitutional activities during an unspecified period of time. He left Uzbekistan after his accomplices had been apprehended. The Uzbek authorities initiated criminal proceedings against him on the 29/4/2005 of engaging in anti-constitutional activities and belonging to Hizbut-Tahri (HT)-a banned transnational organisation ( ECHR, 2008).  

Stage 2 details (arrest/ detention/ extradition): On 8 May 2005 the Uzbek authorities issued an arrest warrant against Muminov  and charged him with involvement in anti-constitutional activities and Hizbut-Tahri group ( ECHR, 2008). On 2 February 2006 the Muminov was detained in the town of Gryazi in Russia and taken into custody. On 4 February 2006 the Gryazi Town Court of the Lipetsk Region authorised his detention with a view to extradition to Uzbekistan (ECHR, 2008).    

Stage 3 details (attack/ abduction/ rendition/ torture/ assassination/ death): In 2006,  he has been extradited to Uzbekistan. On 15 January 2007 the Dzhankurganskiy Criminal Court in Uzbekistan convicted the applicant of unlawful actions against the constitutional order and participation in the activities of a proscribed organisation, and sentenced him to five years and six months' imprisonment (ECHR, 2008).    

Legal status (refugee/ asylum seeker/ resident): On 31 January 2005 Muminov Rustam Tulaganovic sought a temporary residence authorisation (разрешение на временное проживание) and apparently applied for Russian citizenship. It appears that his application was rejected on 28 February 2006 ( ECHR, 2008). From 23 December 2005 to 23 March 2006 Muminov had a valid temporary residence registration (временная регистрация) in the Lipetsk Region. However in 2006 the Chief Inspector of the Criminal Police of Usman in the Lipetsk Region refused to renew it (ECHR, 2008). While in detention, in April 2006 Muminov submitted to the Lipetsk Regional Migration Authority applications for refugee status and temporary asylum in Russia. In a decision of 17 April 2006 the Migration Authority refused to examine Muminov’s application for refugee status on the merits, concluding that he had left Uzbekistan for “economic reasons” falling outside the scope of an admissible refugee request and that he was refusing to return there because of the criminal prosecution against him. The Migration Authority also rejected his temporary asylum application on 2 May 2006, concluding that his fear of being prosecuted for offences could not be a valid reason for granting temporary asylum (ECHR, 2008).

Current status: Imprisoned in Uzbekistan ( DW, 2007).

Press sources:   DW.(2007) “О судьбе Рустама Муминова и других”, 4 April 2007. [Online]. Available at: http://www.dw.com/ru/%D0%BE-%D1%81%D1%83%D0%B4%D1%8C%D0%B1%D0%B5-%D1%80%D1%83%D1%81%D1%82%D0%B0%D0%BC%D0%B0-%D0%BC%D1%83%D0%BC%D0%B8%D0%BD%D0%BE%D0%B2%D0%B0-%D0%B8-%D0%B4%D1%80%D1%83%D0%B3%D0%B8%D1%85/a-2670200 [accessed 5 May 2017]

Legal sources: European Court of Human Rights, 2008.  Muminov v. Russia, Appl. no. 42502/06, Council of Europe: 11 December 2008. [Online]. Available at: http://www.refworld.org/cases,ECHR,49413f202.html