On July 18, 2012, the Supreme Court of the Russian Federation issued a cassation ruling, which was denied in satisfaction of the cassation complaints of the defenders of the citizen of Uzbekistan Yusup Kasymakhunov. The decision to extradite him to Uzbekistan has entered into force. However On July 17, 2012, Kasymakhunov's lawyers applied to the European Court of Human Rights with a statement where they asked to suspend extradition under Rule 39 of the Rules of Court, which was satisfied on the same day.
Recall According to the National Security Service of Uzbekistan, Kasymakhunov is one of the leaders of the international organization "Hizb ut-Tahrir al-Islami" (at the same time, he repeatedly stated that he refused to participate in "Hizb ut-Tahrir").
eleven November 2004, the Moscow City Court found Kasymakhunov guilty under Part 1 of Art. 205-1 (terrorism), Part 1 Art. 210 (organization of a criminal community), part 3 of Art. 327 (fake, production or sale of forged documents, state awards, stamps, seals, forms) of the Criminal Code of the Russian Federation and sentenced to 8 years in prison with punishment in a strict regime colony. Subsequently, the term was reduced to 7 years 4 months. Three weeks before the end of the term, the prosecutor's office resumed proceedings on the extradition of Kasymakhunov, who served his sentence in the Komi Republic and the Murmansk region, and the day before the end of the term of imprisonment, he was again taken into custody and transferred to a pre-trial detention center Murmansk, where it remains to this day.
19 April 2012, the Prosecutor General's Office issued a decision to extradite Kasymakhunov, and on June 1, 2012, the Murmansk Regional Court, despite the arguments of the defense oh extremely high probability that Kasymakhunov will be subjected in Uzbekistan torture, ordered his extradition.
In connection with the decision of the Supreme Court on the extradition case of Kasymakhunov, the Institute human rights issued a statement, which, in part, underlined: "June 14 In 2012, the Plenum of the Supreme Court of the Russian Federation issued a decision in which it explained to the courts that when considering complaints against extradition decisions, " the arguments of the person to be extradited should be assessed, taking into account totality of all available evidence" , and the reports of UN structures about the situation in the country of destination were named as significant. It inspired serious hope that the highest judicial body of the country where the defense appealed against the decision of the court of first instance, cancel it, both directly and unambiguously contradicting the position of the RF Armed Forces.
However justice did not happen. Therefore, there is every reason to believe that the current the decision of the Judicial Collegium of the Supreme Court in the case of Kasymakhunov opens the courts subjects of the Federation a green light to disregard the instructions of its own Plenum".
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