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Soldatenko, Nikolay Ivanovich

Gender: .
State of concern: .

Who, Why and How exiled:

Nikolay Ivanovich Soldatenko left Turkmenistan in 1999 a few months after an indictment was issued against him for inflicting bodily harm (European Courts of Human Rights, 2008).

He claims that the alleged persecution are based on ethnic grounds. Since 1999 he has been residing in Ukraine (European Courts of Human Rights, 2008).

Category of exile: . (Definitions here.)
Alleged affiliation: Other or not specified.

Which stages experienced: Stage 1   Stage 2   not Stage 3. (Definitions here.)
Date of most serious incident: 2007.
Violence experienced: .

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

Turkmen law-enforcement authorities issued a bill of indictment against the applicant for inflicting light and grievous bodily harm on two individuals. According to the applicant his relatives were informed that he had been arrested for hooliganism and later they were informed he had been arrested under Article 106 of the Code of Criminal Procedure under an international search warrant (European Courts of Human Rights, 2008).

 

Stage 2 details (arrest/ detention/ extradition):

On 10 January 2007 he was brought by the police before a judge of the Kakhovsky District Court of the Kherson Region, who ordered his detention pending the extradition proceedings against him (European Court of Human Rights, 2008).

The General Prosecutor’s Office of Turkmenistan requested his extradition with a view to criminal prosecution for the crimes against the 2 individuals (European Court of Human Rights, 2008).

The Court found that in general the detention conditions in Turkmenistan at this moment are so bad and the occurrence of torturing of suspects to extract confessions so widespread that extradition of a suspect to that country would violate Article 3 ECHR  (European Court of Human Rights, 2008).

 

International arrest warrant: .

Countries of transit, asylum and/or residence: .

Current status:

In detention in Ukraine.


Press sources:

European Courts of Human Rights, 2008. "Moratorium on Extraditions to Turkmenistan", 23 October, 2008. [Online]. Available at: http://echrblog.blogspot.co.uk/2008/10/moratorium-on-extraditions-to.html

Legal sources:

European Courts of Human Rights,"CASE OF SOLDATENKO v. UKRAINE". 23 October, 2008. [Online]. Available at: http://unhcr.org.ua/img/uploads/docs/Soldatenko%20v.%20Ukraine_23.10.2008_ENG_2.pdf