Rustamov, Sobir

State of concern: .
Original citizenship: .
Alleged affiliation: Hizb ut-Tahrir.
Which stages experienced: Stage 1   Stage 2   Stage 3
Class of most serious incident: .
Date of most serious incident: 2016.
Countries of transit, asylum and/or residence: .
Exiled? Yes.
Category of exile: .

Who, Why and How exiled: Lived in Samarkand, Uzbekistan until 2005, when he fled to Russia. Questioned numerous times between 1999 and 2005 by police in connection with his alleged membership of Hizb ut-Tahrir, an Islamic organisation banned in Uzbekistan. He denies that he was a member. Returned to Uzbekistan in 2007 to renew his passport, then returned to Russia. (ECHR, 2012)

Stage 1 details (accusations/ charges/ Interpol notice/ extradition requests): Criminal proceedings brought against him in June 2009, on suspicion of attempting to overthrow Uzbekistan's constitutional order, as well as participation in and direction of religious extremist organisations. The court claimed that books and leaflets calling for the creation of an Islamic State had been seized from him. Placed on a wanted list in June 2009 and charged in absentia. (ECHR, 2012)

Stage 2 details (arrest/ detention/ extradition): Arrested in Moscow on 4 February 2010. The Russian Prosecutor General's Office order his extradition in August 2010. Appeals were denied and the Supreme Court of Russia upheld the extradition order in November 2010. Released from detention in August 2011 under conditions not to leave the town pending an ECHR application and his extradition. In July 2012, the ECHR ruled that Rustamov did have a case for believing he would be subject to ill-treatment if he were to be returned to Uzbekistan, and that his extradition would be in violation of Article 3 of the Convention (freedom from torture and ill-treatment) (ECHR, 2012).    

Stage 3 details (attack/ abduction/ rendition/ torture/ assassination/ death): On the 9th of May 2016, a lady called Regina and six of her assistants were preparing his kidnapping at the request of the special services of Uzbekistan. The kidnapping however failed ( Ferghana news, 2016).

Other actions during Stages 1–3 (dispossession/ overseas assets frozen/ intimidation/ action against associates/ …): In 2015, the was an attempt to kidnap hip from Russia ( Ferghana news, 2016)

Legal status (refugee/ asylum seeker/ resident): Did not apply for refugee status when he arrived in Russia in 2005. Applied for refugee status after his arrest in 2010. The court said this was an attempt avoid criminal proceedings back home. His applications were repeatedly denied. He applied for temporary asylum in 2011 but was again denied (European Court of Human Rights,  2012)

Current status: He is  living in Russia, after the ECHR ruled that his extradition would be in violation of the Convention (European Court of Human Rights,  2012). He received temporary asylum in 2012 running until 2015,  after the ECHR applied rule 39 of its regulations and banned its extradition.( Ferghana news, 2016).

Press sources: Ferghana news, 2016. "Светлана Ганнушкина – о похищении гражданина Узбекистана, которое не состоялось", 17 May, 2016.[Online]. Available at: http://www.fergananews.com/articles/8969

Legal sources: European Court of Human Rights, 2012.  "Case of Rustamov v. Russia. Judgment", July 3, 2012. [Online]. Available at: http://hudoc.echr.coe.int/eng?i=001-111841.