International means of advocacy used by ADC Memorial

26.12.2011
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The UN Human Rights Committee has registered the complaint and used Rule 92 of the procedure to ban deportation of the citizen of Afghanistan, Hakdar K., at the moment staying in Saint Petersburg. He asked for help of ADC Memorial and the lawyers of the Migration and Law network. The lawyers of ADC Memorial prepared a complaint to the UN Committee as an international appeal within the project of illegally arrested foreign citizens.

The lawyers Olga Tseitlina and Sergei Golubok asked the UN Committee on Human Rights to protect the rights of the Afghan citizen Hakdar K., who has been living in St Petersburg since 1990 with a wife, citizen of Russia, and a daughter named Leila. Recently he found to be under threat of deportation. Some time earlier the court decided to give him temporal asylum as he having a wife and a child in Russia could not be deported. Annually, the temporal asylum was prolonged, but, on October 29th, 2009, the Migration Service decided not to continue the term although the conditions of the person had not changed. This decision was appealed against in domestic institutions but with any result. The Federal Migration Office in St Petersburg and the Leningrad region decided that this person had to leave Russia, otherwise he would be returned into Afghanistan by force.

The lawyers appealed against the activities of Russian authorities referring to the violations of article 7 and 17 of the International Covenant of Civil and Political Rights (prohibition of torture or cruel, inhuman and degrading treatment or punishment, and arbitrary interference with one’s privacy and family). The complaint was sent on December 7th, 2011. The Committee registered the communication and decided that Rule 92 should be used and banned Russia to deport the applicant until the end of the case (as far as we know this mechanism was used for the first time in Russia).