Recognize refugees prematurely

The court fined the Kurdish family living in Sheremetyevo for trying to illegally cross the border

On Thursday, November 19, the Khimkinsky City Court fined the Kurdish refugees Hassan Ahmed Abdo and Gulistan Issa Shaho, who, together with four children from September 10, 2015, live in the transit zone of Sheremetyevo Airport. The family escaped from Iraq, hiding from the war and persecution by militants of the Islamic State prohibited in Russia. However, on the border where the Kurds asked for refugee status, they were not only refused, but also accused of trying to illegally cross the border - their documents were considered fake employees. Refugees were able to get to Russia - but no further than the Khimki City Court. They listened to their lawyer, insisting that refugees, under the UN Convention, should be allowed into the country according to any documents. And after that they found him guilty and fined five thousand rubles - each. Sending back to the airport. The hearing was watched by a special correspondent of Medusa Daniil Turovsky .

The morning of the 71st day of imprisonment at the Sheremetyevo Airport terminal for the Kurdish family began not at all as usual. They were able to spend the night and wash for the first time in a long time (the well -wishers paid them a capsule hotel - directly opposite the former smoking room in which they were usually locked). And then Gulistan Issa Shaho and her husband Hassan Ahmed Abdo had to leave his children alone to go to court.

In the hall of the meeting, Gulistan immediately rushed to hug with her sister living in Samara. It was for her that the family tried to leave Iraq; From that part where fighting is practically conducted.

At the end of the summer of 2015, the family finally decided to leave Erbil - this big city, the capital of Iraqi Kurdistan, for many months the militants of the Islamic State besieged. We decided to go to Russia, to Gulistan's sister. All elders (Hassan, Gulistan, two children) had Iraqi passports issued in Erbil, two younger children had absolutely no documents. Preparing for the trip, Hassan tried to get papers for children in Baghdad, but they refused, explaining that "there was a war." Then the family turned to relatives in Africa, it is a city in Syrian Kurdistan, which is now not controlled by the official Syrian authorities. However, relatives somewhere found Syrian passports throughout the family and sent them. The Russian consulate in Erbil did not cause suspicion. There, tourist visas were put up in them for entry into the Russian Federation.

On September of September, the family flew through Istanbul to Moscow. They were detained at the airport, suspecting documents in fake. And then they were charged with an attempt to illegally cross the border according to invalid documents (Article 322 of the Criminal Code of the Russian Federation; up to two years in prison). On September 23, they elected a measure of restraint in the form of a pledge - 50 thousand rubles each from her husband and wife. After the trial, they were again taken to the transit zone of Sheremetyevo. About how and in what conditions they lived, Gulistan told Medusa in September.

Since that time, together with a lawyer Rosa Magomedova, a refugee family tried to get at least some documents to legally cross the border and go to their relatives in Samara. They applied to the Federal Migration Service (FMS) for providing a temporary asylum, but on October 30 were refused. The head of the FMS Konstantin Romodanovsky said that the family will not be provided asylum until it is under investigation and under court. After refusing, Gulistan fell into the neurological department of the Khimki city hospital for several days.

On November 14, he and the lawyer protested the refusal of the FMS. Five days later, the bailiffs arrived behind them and took them by 12:00 to court.

Before the meeting, the refugee complained: now there is more physical suffering (in the transit zone of the airport it is cold; it is impossible to wash, normally eat) is difficult to morally. “People constantly pass by us, examine, shoot us on the phone, as if we were animals,” she said.

Magomedova’s lawyer asked to introduce the FMS refusal to provide a temporary asylum to the case, and then opened an envelope and read a letter from the UN refugee department. In it, the UN representative Olga Narymski expressed her respect for the Khimki city court. But she indicated that “the punishment for entry is a violation of the UN Convention on Refugees (under the 31st article of the Convention“ On the Status of Refugees, ”a person looking for asylum, including crossing the border illegally, should not be punished-approx.“ Medusa ”” ”, and the desire to look for a safe place for life is a fundamental right of a person.

The affairs of the spouses were considered in turn. The Khimkinsky prosecutor read out the indictment - in it he did not pay attention to the fact that the family escaped from the war and was looking for asylum in Russia. He accused Gulistan of trying to illegally cross the Russian border on fake documents. Having focused on the formalities: I read the FSB report on the detention of the defendant at the airport, data on the examination of the passport (recognized as fake - “the wrong colors are highlighted, part of the passport is printed on a jet printer”), the characteristics of the FSB at the Gulistan airport - “The appearance is tidy”. Finally, a certificate from the Syrian embassy that Gulistan’s passport was not issued in Syria.

The prosecutor said two witnesses - border control of the FSB of Russia.

Ensign Alexei Leonov, who worked at the passport control on September 10, was first asked to find out the Gulistan court in the courtroom. He recognized her right away. “After they gave me their passports, I began to study them with the help of technical means,” he said. - I have suspicions of their reality. I reported this to the senior. " “Why did doubt arose?” The prosecutor asked. “On the installation page, the letters when approaching broke up into points. In addition, on a visa, on the purpose of the trip, tourism was indicated, and I saw a lot of luggage tags on the passport. Why so much luggage for a tourist trip? - Witness Leonov was perplexed. “I noticed that they were noticeably nervous, their hands were shaking.”

In Sheremetyevo, the boss - senior ensign of the FSB Alevtina Kalechkina came to his aid. In the courtroom, she said that the documents really looked suspicious. Having examined them, she took the family into a special room, which she called the “room of temporarily placed”. There, according to her, the Kurds were about 3 hours, while an additional check of documents was carried out.

Both FSB officers in court stated that the Kurdov family never once started talking about the fact that they had come to Russia, like refugees.

During the interrogation, Gulistan spoke about the reasons for the escape of her family from Iraq: the militants of the “Islamic state” circled around the city for many months. They stole people, raped and sold women into slavery, children often captured and took them to training camps. “Everyone knows what is happening there,” she said. - To save children from the war, we decided to move to Russia. We came with the hope of finding a shelter, ”she said. - Now the Kurds are the only ones who are fighting terrorists. And we are also mistaken for terrorists here? ”

- Did you understand that you have a fake passport? The judge asked.

- No. My husband was engaged in all this. Women do not do this with us, ”the defendant answered.

- Gulistan, when did you fly to Moscow? The lawyer asked her.

“September 10,” she recalled.

- And now what number? - asked the lawyer.

“I don’t know, we don’t have a calendar in this smoking room,” the defendant shook his shoulders.

- What do you live for? - continued the lawyer.

- I'm ashamed. People give us. - answered Gulistan.

- How long did you eat normal hot food?

The judge interrupted them and asked to ask questions "in essence." The prosecutor again asked Gulistan how she received a Syrian passport. Gulistan again explained that her husband was engaged in them.

The prosecutor asked the defendant to appoint a fine of 30 thousand rubles. After the judge left to think about the decision, Hulistan - Hassana Ahmed Abdo, was brought into the hall.

Following him, the new judge and the prosecutor came in.

The second meeting was held according to the same scenario and about the same remarks.

The FSB officer from the border service could not recognize the defendant. “Then he looked a little different,” he said. “I have lost your help with your help,” Magomedova’s lawyer quipped.

Hassan Ahmed Abdo said: he himself was born in the Syrian city of Aleppo, but almost all his life he lived in Iraqi Kurdistan with an Iraq passport. The new Syrian passport was made to him and his family, his brother, living in Africa. He himself could not go there. Between Erbil and Afrin, the territory is occupied by militants of the Islamic State.

Magomedov’s lawyer insisted that the criminal case should be closed. She insisted that a person asking a stranger in a foreign country is exempted from criminal liability.

“To say that he is a refugee - prematurely,” the prosecutor commented on this statement.

- Yes, people in Europe are sailing without passports, they are recognized there. And with us? - crushed Magomedova.

But it cannot be said that the Khimki judges somehow perked up because of this polemic. After a short break, the judge announced the verdict of Gulistan Issa Shaho. She was found guilty of attempting to cross the Russian border. And they imposed a rather mild punishment - a fine of 5 thousand rubles. An hour later, Hassan Ahmed Abdo heard the same decision.

“They will be taken to the transit zone again, they are not free,” the family lawyer Roza Magomedova said after the sentences. - The second series in the terminal begins. They still have no documents for stay in Russia. ” Magomedova explained that the future of the family now depends on the FMS: the refusal of the department in temporary asylum is appealed, the issue will be considered within a month. And now Magomedov will appeal the verdict of the Khimki City Court, because "you cannot punish refugees."

The Islamic State is recognized in Russia an extremist organization, its activity is prohibited.

Daniil Turovsky

Khimki