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25.05.2007

Russian Official fined for deporting Muminov to Uzbekistan

   

Almost exactly seven months after Rustam Muminov was illegally deported to Uzbekistan, a Russian court has found the official directly involved in the deportation guilty. On 25 October Rustam Muninov was deported before the relevant court ruling had come into force, and four days after the European Court of Human Rights applied rule No. 39, calling on the government of Russia to halt the deportation of Muminov to Uzbekistan until further notice. 

Sergei Gerasimov, former head of the Centre for holding foreign nationals of the Central Department of Internal Affairs in Moscow was fined 35 thousand roubles.  

The lawyer representing the victim Mr Muminov’s interests had asked for a ban on Gerasimov holding public office for 5 years.

While the prosecutor’s office supported the prosecution, repeatedly stating that Gerasimov was obliged to unfailing adhere to the law regardless of what he called his “good motives” or of any instructions received, its representative D.Y. Kulakov called for a relatively light sentence.  The Deputy Prosecutor justified this claiming that the deportation had not endangered Russia’s security since Russia and Uzbekistan were partners in fighting international terrorism and revolutions like that in Kyrgyz a, and generally friendly states.

As for the damage to Russia’s international image, Mr Kulikov believed that such considerations were hardly necessary in a situation where “Europe is positioning American rockets on its territory” (?!)

A representative of the Civic Assistance Committee present pointed out certain odd omissions in the speeches of the Deputy Prosecutor, the defendant and his lawyer. All stated that Gerasimov, while having committed a crime, had not acted on his own initiative but on the instructions of some well-known enforcement agencies which all parties were aware of.  The judge, in issuing his judgment, used much the same argumentation and also assiduously avoided mentioning the Security Service (FSB). The latter played a key role in the illegal deportation however the application to launch a criminal investigation against it was turned down.

It must be noted that such fear of even naming FSB to a large extent fuel its impunity. The Civic Assistance Committee is planning to appeal about the refusal to launch a criminal investigation against the FSB which initiated Muminov’s illegal deportation, was in charge of and directly participated in the operation. 

See the links below for more information about this case

(based on a report by Yelena Ryabinina, Head of the Program to assist political refugees from Central Asia of the Civic Assistance Committee)

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