March 14, 2013 year it became known that the European Court of Human Rights (ECtHR) declared admissible complaints Yusup Kasymakhunov and Marat Saibatalov , accused by Russian courts of belonging to the Hizb ut-Tahrir" and terrorism.
Y. Kasymakhunov, citizen of Uzbekistan, in November 2004, the Moscow City Court found him guilty under Part 1 of Art. 205-1 (terrorism), part 1 of Art. 210 (organization of a criminal community), part 3 of Art. 327 (forgery, 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 serving a sentence in a strict regime colony. Subsequently, the period was reduced to 7 years 4 months. By version of the National Security Service of Uzbekistan, Kasymakhunov is one of the leaders of the international organization "Hizb ut-Tahrir al-Islami" (although he himself repeatedly stated that that he refused to participate in Hizb ut-Tahrir"). After the end of the sentence, the Supreme Court of the Russian Federation decided to extradite Y. Kasymakhunov to Uzbekistan, but The ECtHR banned the extradition. December 10, 2012 the term of Y. Kasymakhunov's detention on extradition case has expired, and 14 December he disappeared. Human rights activists Kirill Koroteev (Memorial) and Elena Ryabinina (Institute of Human Rights) are sure that Kasymakhunov was kidnapped in order to transfer Uzbek authorities.
Marat Saibatalov in October 2005 was recognized guilty under Art. 205-1 (terrorism) and Part 2 of Art. 282.2 of the Criminal Code of the Russian Federation (participation in activities extremist organization) and sentenced Tobolsk court to six years in a penal colony.
The complaint of Y. Kasymakhunov and M. Saibatalov indicates that the decision on their condemnation as members of Hizb ut-Tahrir was accepted before the one adopted in closed mode, the decision of the Supreme Court of the Russian Federation to ban this organization as a terrorist organization was published.
The ECtHR pointed to violation by the Russian courts of art. 7 of the European Convention on the Protection of Rights the person who states that "no one shall be found guilty of committing any criminal offense which, according to the law in force at the time its commission was not a criminal offense under domestic or international law a crime."
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