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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.