N., A. and three others
A.N. and the other applicants (Z.S., Z.A., and B.A.) are nationals of Tajikistan and Uzbekistan. On various dates they were charged in their countries of origin with religious and politically motivated crimes, their pre-trial detention was ordered in absentia, and international search warrants were issued by the authorities. Subsequently the Russian authorities took final decisions to remove (that is to say extradite or expel) the applicants, despite consistent claims that in the event of removal the applicants would face a real risk of treatment contrary to Article 3 of the Convention (ECHR, 2018).
Who, Why and How exiled: A.N. (*1987) is charged with religious extremism in his home country Tajikistan (ECHR, ‘A.N. AND OTHERS v. RUSSIA’, 2018).
Stage 1 details (accusations/ charges/ Interpol notice/ extradition requests): On 13 October, 2014 an international search warrant was issued by Tajik authorities for A. N., and on 16 October, 2014 a detention order, both in absentia (ECHR, ‘A.N. AND OTHERS v. RUSSIA’, 2018).
Stage 2 details (arrest/ detention/ extradition): A.N. was arrested and subsequently detained on 5 November, 2015, while on 12 November 2015 an extradition request on charges of extremism was issued by the Tajik authorities. The request was granted by the Russian Prosecutor General’s Office on 18 March 2016. Yet, on 26 October 2016 the interim measure preventing the applicant’s removal was granted by the ECHR. However, N.’s stay in Russia was declared undesirable, and the extradition order was upheld by the final judgment of the Supreme Court of the Russian Federation on 1 November 2016. N. was released on 4 November, 2016, due to expiry of the maximum statutory period of detention. On 5 November, 2016, N. was again arrested and released two days later. On 23 October 2018 the ECHR issued a final judgement that there would be a violation of Article 3 of the Convention if N. was sent to Tajikistan. (ECHR, ‘A.N. AND OTHERS v. RUSSIA’, 2018).
Other actions during Stages 1–3 (dispossession/ overseas assets frozen/ intimidation/ action against associates/ …): On 2 December, 2016 A.N.’s residence permit was revoked. Applications by A. N. for temporary asylum (August 2017) or refugee status (October 2017) have both been refused and the decisions have been upheld after appeals (January and March 2018). (ECHR, ‘A.N. AND OTHERS v. RUSSIA’, 2018)
Legal status (refugee/ asylum seeker/ resident): 1 August 2016 – the applicant’s stay in Russia declared undesirable (ECHR, 2018)
2 December 2016 – revocation of the applicant’s residence permit (ECHR, 2018)
17 August 2017 – refusal to grant temporary asylum by the migration authorities
24 January 2018 – refusal upheld by the final judgment of the Supreme Court of
Chuvash Republic (ECHR, 2018)
Press sources: EDAL, 2018 ‘ECtHR Delivers Judgment on a Case of Removal from Russia of Uzbek and Tajik Nationals | European Database of Asylum Law’ https://www.asylumlawdatabase.eu/en/content/ecthr-delivers-judgment-case-removal-russia-uzbek-and-tajik-nationals [accessed 2 June 2019]
Legal sources: ECHR Application: 61689/16 (A.N.). ECHR, ‘A.N. AND OTHERS v. RUSSIA’, 2018 https://hudoc.echr.coe.int/eng#{%22fulltext%22:[%2261689/16%22]} [accessed 10 Sept 2020]