A/HRC/10/8/Add.1 page 47 175. At the end of June 2007, Mr. Abutov sent an asylum application requesting to be recognized as a refugee on the territory of the Russian Federation to the department of the Moscow regional department of the Federal Migration Service. In September 2007, a representative of the Migration service visited him for an interview. Currently, the Moscow Regional department of the Migration Department is reportedly considering his asylum application on its merits. At present, the extradition case is under consideration by the office of the General Prosecutor of the Russian Federation. Response from the Government dated 28 February 2008 176. The Government of the Russian Federation indicated that Mr. Mukhammadsolikh Matyakubovich Abutov, a national of the Republic of Uzbekistan, born in 1969, was detained by law enforcement agents on 13 June 2007 on the basis of article 61 of the Commonwealth of Independent States (CIS) Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters, of 22 January 1993 (“the Minsk Convention”) and conveyed to the headquarters of the Ministry for Internal Affairs for Krasnogorsk municipal district, Moscow region. 177. The inquiry about Mr. Abutov’s detention was based on the decision issued on 26 February 2007 in relation to criminal case no. 197-07 by the Public Prosecutor of the Surkhandarya region of the Republic of Uzbekistan, Senior State Counsellor of Justice Mr. D. S. Abdurakhmanov, stating that he was under international investigation and should be held in custody under a pre-trial restraining order. Mr. Abutov is accused of having committed offences under article 159, paragraph 3 (b), of the Criminal Code of the Republic of Uzbekistan (“Crime against the constitutional order of the Republic”), article 244, paragraph 3 (a), of the Code (“Production or dissemination of material constituting a threat to public security and public order”), and article 244, paragraph 1, of the Code (“Establishment, leadership or membership of religious extremist, fundamentalist or other prohibited organizations”). 178. On 13 June 2007, Mr. Abutov was taken into police custody at the Krasnogorsk headquarters of the Ministry for Internal Affairs on the basis of an investigation order under case no. 1488 of 15 May 2007. Before being placed in custody, he was examined by a doctor from Krasnogorsk City Hospital no. 1. No physical injuries of any kind were found and no urgent medical attention was required. On 14 June 2007, Mr. Abutov complained of a pain in the lumbar region and also informed the management of the detention unit that he would refuse food, on the grounds that his detention was unlawful. The same day, Mr. Abutov was examined by the police medical officer. As a result of the examination, symptomatic anti-inflammatory treatment was carried out to deal with chronic pyelonephritis. X-rays conducted on 18 June 2007 revealed no pathological change. Medical staff concluded that Mr. Abutov’s state of health was currently satisfactory and he did not require medical assistance. 179. The management of the detention unit and a representative of the Krasnogorsk public prosecutor’s office held discussions with Mr. Abutov, in which it was established that there were no grounds for his planned hunger strike. The detained man therefore abandoned his hunger strike and, from 14 June 2007, received three meals a day. For the whole period of his detention, Mr. Abutov was not held in solitary confinement, his cell measured 4 square metres and no physical force was used against him. In the course of the daily checks of the detention unit carried out by staff of the Krasnogorsk municipal public prosecutor’s office, no complaints about the conditions or the actions of police officers were received from Mr. Abutov.

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