Published: 26 Feb 2009
Eminbeyli v Russia
Case No. 42443/02
Judgment date: 26/02/09
The applicant, a stateless person of Azeri origin, arrived in Russia in 1996. In August 2001 he was granted refugee status by UNHCR and the right to take up permanent residence in Sweden. On 10 September 2001, the Azerbaijani authorities requested his arrest in a faxed letter. On 13 September the Russian authorities were informed by UNHCR of the applicant’s refugee status. Nonetheless, on 19 September the applicant was arrested and detained. He claimed he had not been informed of the reasons for his arrest nor had he been given a certified copy of his arrest warrant. A lawyer retained on his behalf by UNHCR was not permitted to see him. On 1 October an application was made seeking the applicant’s release. On 5 October a formal request for the applicant’s extradition to Azerbaijan was eventually received but was dismissed on 22 October on the basis of the applicant’s refugee status. An order was made for the applicant’s immediate release, but was not executed until 25 October. The applicant moved to Sweden on 5 November 2001. In February 2002 the Dzerzhinskiy District Court ruled that the applicant’s detention had been lawful. His subsequent appeal was dismissed. He complained of violations under Art. 5 (right to liberty).
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