Operation "Examination"

How the police twice abducted a man released by the court

“How nice to hear to free from the guard in the courtroom,” Rosa Magomedov, lawyer of the civil assistance committee, wrote on September 7 on September 7 on Facebook, when the Moscow City Court forbade Extrates the 37-year-old Ravshan Rakhimov to Uzbekistan. However, Rakhimov did not stay at all at large: he was lowered to the convoy room to pick up things and immediately handed it to certain people in civilian clothes, who took him in an unknown direction, not allowing the lawyer to say a word.

Ravshan Rakhimov moved to Moscow in 2007 from a small village in the Karmaninsky district of Uzbekistan. He worked at construction sites, repaired apartments. Already in Moscow, he and his wife had two children: today they are 8 years old and a year. Like most migrants, every year he and his family went home to Uzbekistan, but then returned. I followed the documents, I issued everything on time - Ravshan never had problems with the Russian authorities.

The problem came from where they did not expect - from the homeland. In 2014, Ravshan learned from his mother that his brother and other villagers, with whom they worked together in Moscow, were detained by the Uzbek security forces. According to Ravshan, they were beaten and tortured by electric shock, but everyone was released after 15 days (presumably for money), having tested testimonies to Ravshan and two of his "colleagues"-S. Umirov and A. Hidirov (Khidirov is now in the SIZO-4 in the process of extradition, according to Umirov there are decisions of the European Court of Human Rights and the Supreme Court of the Russian Federation on the impossibility of expulsion to Uzbekistan). Photos of men appeared on the board of ads near the local police department. Ravshan decided not to go home anymore and ask for political asylum in Russia. In September 2015, the FMS refused him refugee status, explaining that he was not on the wanted list and he has nothing to fear. In February 2017, Ravshan was detained by Moscow police officers-during the usual verification of documents.

The Russian FSB has no questions to Rakhimov

It turned out that the Uzbek prosecutor’s office nevertheless put him on the wanted list in December 2014 for participating in the Islamic Party of Turkestan's terrorist organization. According to documents granted by Uzbek law enforcement agencies, Rakhimov "promoted the construction of a single Islamic state, called for an unconstitutional change in the state system of the Republic of Uzbekistan, listened to lectures and visited documentaries, as well as video ribs and exterminths, involved in the ranks of this organization of other persons and organized repeated conduct with them Meetings showing materials containing ideas of religious extremism, separatism, fundamentalism and interethnic enmity. " It is interesting that Rakhimov allegedly did not conduct all this activity in Uzbekistan, but in Moscow, however, besides the knocked out indications, there were no materials for him, and the Russian FSB did not have any questions to him - there is appropriate paper in the case.

Employees of the guard service of the Moscow City Court told Rosa Magomedova that Rakhimov was released and he "left with friends"

The languid expectation of extradition in the SIZO-4 began. In March, Rakhimov addressed the asylum again - in connection with the newly discovered fact of criminal prosecution. The Ministry of Internal Affairs, to which the issues of migration from the disbanded FMS, refused to him on the basis that Rakhimov’s appeal was already considered. This decision was appealed and canceled, to the inspectors who refused Rakhimov, the Main Directorate of the Ministry of Internal Affairs sent explanations about the inadmissibility of violation of the law. Rakhimov simply did not have enough time to complete the new procedure, and on July 24, Deputy Prosecutor General of the Russian Federation Saak Karapetyan satisfied the request of his Uzbek colleagues about his extradition. It was this decision of the prosecutor Karapetyan Mosgorsud recognized as illegal: “In numerous reports and other documents adopted in relation to the Republic of Uzbekistan, international non -contractual and contractual authorities (...) reflects that the use of torture and cruelty for detainees and detained remains a widespread and persistent problem (...) at the same time, the information that the final comments were accepted from the moment of adoption of the final remarks The UN Committee and the Decisions of the European Court of Human Rights in the Republic of Uzbekistan have changed for the better, the prosecutor's office has not been represented, ”the court’s decision said. The happy Ravsan disappeared immediately after the announcement.

Found with a fracture

Employees of the guard service of the Moscow City Court told Rosa Magomedova that Rakhimov was released and he "left with friends." There were no friends to the court, Ravshan had no phone, Magomedov went to the Ministry of Internal Affairs in the Preobrazhenskoye district to write a statement about the loss of a person. The next day, on September 8, Magomedova called a man who was with Ravshan in the same cell and at his request contacted a lawyer as soon as he left the site. Rakhimov was kept in the Ministry of Internal Affairs in the Yaroslavsky district - the employees of this particular department detained him in February.

Ravshan Rakhimov

Magomedova went there and found her client there - with a broken foot. According to Ravshan, he fell from the stairs at the entrance to the department. “They, as soon as they brought me up [to the department], I asked why they were detained. They began to beat me right away. It’s quickly very [happened], I didn’t even understand at first that the leg was [broken], then she was swollen, already in the hut,” says Ravshan, seven months of a prisoner jargon. People in civilian clothes beat, no one showed any certificates. According to the police version, Rakhimov broke his leg during an attempt to escape.

Such a brother approached me and led me out of the car by the elbow. He was also in civilian clothes, did not show documents, introduced himself as a police chief

Employees of the Yaroslavsky Ministry of Internal Affairs were not allowed to be a lawyer to Rakhimov, saying that he would be taken to court now, there she will be able to chat with him. “They brought him out, put him in the car, I got down with him,” says Magomedova. “Here such a brother approached me and led me out of the car. He was also in civilian clothes, did not show documents, introduced himself as a police chief.”

A meeting in the Grandmother's District Court on the fact of violation of migration legislation was scheduled for the same Friday, September 8. As police officers showed in their reports, they detained Rakhimov when checking documents - he did not have a passport and migration card. He really had no documents, he simply did not manage to pick them up in a pre -trial detention center, and Rakhimov could not register at the place of stay, because since February he was in custody. However, judge Elena Mamaeva reports did not seem enough - there was no evidence that Rakhimov was not kidnapped from the Moscow City Court, but was detained on the street. She did not want to let him go, so she simply did not consider the case - Ravshan Rakhimov and the lawyer Rosa Magomedov sat in court until 10 pm.

On Saturday, the 9th lawyer again arrived at the Ministry of Internal Affairs in the Yaroslavl district, she was not allowed again, saying that Ravshan would be taken directly to the court. However, no one came to the court, and one of the bailiffs told Magomedova that on Saturdays, administrative cases were not considered at all. “We called the department, they told us that Rakhimov was released because they expired 48 hours from the moment of the detention,” says Rosa Magomedova, adding that Ravshan did not appear at home, and she herself went to the Main Directorate of the Ministry of Internal Affairs for Petrovka - write the second statement about the loss of a person.

To the turning bruises

Rakhimov really released Yaroslavskoye from the Ministry of Internal Affairs, having previously taken out to the neighboring district, where he was immediately detained again

On Sunday, September 10, Magomedova again called an unknown man with a news from Rakhimov - another cellmate. Ravshan was found in the Ministry of Internal Affairs of the Losinoostrovsky district - again in anticipation of the court for violation of migration legislation. This time, police officers did everything cleaner: Rakhimov really released Yaroslavsky from the Ministry of Internal Affairs, having previously been taken to a neighboring area, where he was immediately detained again: as follows from reports - with witnesses and witnesses. Rakhimov did not have time to get to the SIZO-4, the article remained the same.

Magomedova, along with two employees of the PMC - Dmitry Piskunov and Denis Nabiullin, immediately went to the Losinoostrovsky OMVD, where she found Rakhimova with bruises under her eyes and bruises on her neck. According to Ravshan, this time they started to beat right on the street: “I just asked them for what they were delayed again,” he says. However, here the police found a decent explanation: in the case file there is a report on the use of handcuffs in connection with resistance during detention. The PMC employees called an ambulance directly to the police department, the paramedic who arrived said that Rakhimov needed an X -ray of the head and an examination of a neuropathologist, and took him to the city hospital. The Bakhrushin brothers, where bruises of the soft tissues of the head were recorded in Ravshan. The police who accompanied Rakhimov took all the medical documents, promising to attach them to the case, however, they were not in the case.

They threw it on expulsion

Ravshan Rakhimov in the Grandmother's District Court

On September 11, Judge Mamaeva finally received documents for Rakhimov in the form in which she was convenient: they detained him on the street with witnesses and even a kind of translator, he did not have documents with him, he did not appear in the FMS base - everything spoke about the violation of the migration regime, which was punishable by fine and expulsion. But in the hands of the lawyer there was a decision of the Moscow City Court that it was impossible to send Rakhimov to his homeland, as well as documents indicating that he is in the status of a shelter and, therefore, cannot be expelled from the country. Ravshan himself, limping at the bandaged foot, ended the mantra of all the detainees endlessly: "Your honor, I'm not going to run anywhere." The ability of the police to factory even the judge was surprising: "And how was he in the legged [OMVD" Losinoostrovsky "]?" - was heard from the open door of the court secretary when Ravshan and the lawyer and Radio Liberty correspondent awaited the decision in the corridor. “And he was thrown back and forth,” they answered her.

Ravshan Rakhimov and his lawyer Rosa Magomedov in the Grandmother's Court

Police officers who guarded Rakhimov did not hide satisfaction when Elena Mamaeva announced the verdict: a fine of 5,000 rubles and expulsion from Russia. The arguments that Rakhimov was released on September 7, leaving all the documents in the pre -trial detention center, the court considered it “insolvent” - the detention protocol was dated September 9, so Rakhimov had enough time to pick up the passport - the judge forgot that he spent two days in another police department. Elena Mamaeva did not take into account the fact that Rakhimov is in the process of receiving asylum: they say, neither at the time of detention, nor in court the fact that he was a refugee, Rakhimov did not provide. At the same time, the forced return of citizens to the country of origin is prohibited by both Russian legislation and international treaties, and people cannot be expelled from the moment they are applying for a refugee status. Separately, the 1951 Convention on the status of refugees suggests that refugees cannot be imposed for illegal entry or illegal stay in the country.

The international conventions, however, were able to defend Ravshan Rakhimov, who went directly from the Babushkinsky court to the Center for Temporary Contents of Foreign Citizens in Sakharovo, where the results of appealing the decision of Mamaeva in the Moscow City Court, and, possibly, of the expulsion, which the Uzbek prosecutor’s office awaits.