Rustam Muminov Photo: lipetsknews.ru

The European Court of Human Rights has found the Russian Federation guilty of violating the norms of the European Convention on the Defence of Human Rights and Basic Freedoms. In particular, the Court found that:
– deportation of Rustam Muminov to Uzbekistan, where torture is systematically applied, was a violation of article 3 of the Convention. The Court also expressed serious concern in connection with the absence of any reliable information on the plaintiff’s condition after his deportation;
– Muminov had not been provided with effective and accessible means of legal defence in the light of his complaint in accordance with art. 3 of the Convention which, in turn, led to a violation of article 13 of the Convention;
– article 5 § 4 of the Convention had been violated in connection with the absence of any procedure of judicial control over the lawfulness of the plaintiff’s detainment under guard with the aim of extraditing him to Uzbekistan;
– article 5 § 1 of the Convention had also been violated, insofar as the Russian legal system does not defend individuals being considered for extradition from arbitrary detainment and being held under guard for undefined periods. It should be noted that the European Court has noted this shortcoming of Russian legislation on three occasions in the course of just over a year: in October 2007 – in the case of «Nasrulloev vs Russia», in April 2008 – in the case «Ismoilov et al vs Russia», and in June 2008 – in the case «Riabikin vs Russia».

The Court postponed resolution of the question of fair compensation for the moral harm inflicted upon the plaintiff, noting that Muminov is undergoing punishment in a prison facility in Uzbekistan and that his precise location is unknown, while his representative’s attempts to establish contact with him remain unsuccessful. In this connection, the Court found that the question of compensation should be resolved at a later date – taking into account any agreements that may be reached between the Government and the plaintiff – and set a deadline for the parties to submit their proposals on this issue.

Rustam Muminov’s interests were represented in the European Court by the lawyer Irina Biriukova, by agreement with the ‘Civic Assistance’ committee. She has been assisted greatly by Kirill Koroteev, consultant-jurist from the «Memorial»-ENRAS programme. An active role was also played in the case during its initial stages by the now deceased Vladimir Suvorov – one of the best lawyers ever to work with the «Memorial» Rights-Defence Centre’s «Migration and Law» Network.