A/HRC/10/8/Add.1
page 48
180. On 14 June 2007, Mr. Abutov was questioned by the Krasnogorsk First Deputy Public
Prosecutor, Mr. E.1. Puzanov, Junior Counsellor of Justice, who, on 15 June 2007, concluded
that, in accordance with the Minsk Convention and the legislation of the Russian Federation,
Mr. Abutov should be handed over to the law enforcement agencies of the Republic of
Uzbekistan. On 25 June 2007, the Krasnogorsk public prosecutor’s office issued a decision, on
the basis of article 61 of the Minsk Convention, that an application should be made to the courts
that Mr. Abutov should be held in custody under a pre-trial restraining order. On 26 June 2007,
Judge E.V. Isaeva of the Krasnogorsk municipal court ordered Mr. Abutov to be held in custody
in pre-trial detention. On 2 July 2007, Mr. Abutov was transferred to Federal State Pre-trial
Detention Centre 50110 of the federal headquarters of the Russian Federal Corrections Service
for the Moscow region. On 29 June 2007, the Moscow region public prosecutor’s office received
representations from Mr. Abutov’s lawyer requesting an investigation into the lawfulness of the
actions of the staff of the headquarters of the Ministry for Internal Affairs for the Krasnogorsk
municipal district, Moscow region. An official investigation established that the activities of the
police officers were lawful; no breaches of the law were found. On 12 September 2007, the
Moscow regional department of the Russian Federal Migration Service received an application
from Mr. Abutov to be recognized as a refugee on the territory of the Russian Federation, on the
grounds that he feared political and religious persecution in the Republic of Uzbekistan.
181. On 31 January 2008, the Migration Service issued a decision to refuse Mr. Abutov
recognition as a refugee in the Russian Federation, on the grounds that he did not meet the
criteria established in the definition of a refugee contained in article 1, paragraph 1 (i), of the
Federal Refugees Act of 19 February 1993. Notification of the decision was sent to Mr. Abutov
on 31 January 2008, together with an explanation of the appeal procedure. Mr. Abutov has the
right to appeal against the decision of the Migration Service. Under article 10 of the Federal
Refugees Act, this currently precludes the possibility of his being returned against his will to the
territory of his State of nationality.
Observations
182. The Special Rapporteur is grateful for the response of the Government of the
Russian Federation. She would like to take the opportunity to refer to her 2007 report to
the General Assembly, in which she dealt with the vulnerable situation of refugees,
asylum-seekers and internally displaced persons (see A/62/280, paras. 38-63).
Saudi Arabia
Urgent appeal sent on 5 June 2008 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention and the Special Rapporteur on the independence
of judges and lawyers
183. The Special Procedures mandate holders brought to the attention of the Government
information they had received concerning eight Bahraini teachers, all of them Shi’a Muslims,
namely Mr. Majid Abdalrasol Salman Al-Ghasra, Mr. Abbas Ahmed Ibrahim, Mr. Sayed
Ahmed Alawi Abdullah, Mr. Issa A. Hasan Ahmed, Mr. Mohammed Hassan Ali Marhoon,
Mr. Mohammad Abdullah Al-Moamen, Mr. Ebaraim Marzam and Mr. Mohamed Mahdi.
These eight individuals were reportedly visiting Riyadh in early April 2008 during their
holidays. It is believed that they had accidentally entered a restricted military area upon which