Novaya Gazeta journalist Nurmatov's defense team goes to ECHR to appeal deportation order
MOSCOW. Aug 10 (Interfax) - The defense team for Novaya Gazeta journalist Khudoberdi Nurmatov, known also by his penname Ali Feruz, has filed an application with the European Court of Human Rights (ECHR) to appeal his court-ordered deportation from Russia, lawyer Kirill Koroteyev, representing Nurmatov's interests in the ECHR, told Interfax.
"We have filed an application with the European Court of Human Rights to protect Ali Feruz's interests, in which we cite a number of articles of the Human Rights Convention that we believe were violated in this case," Koroteyev told Interfax.
Judging by the record of analogous cases, consideration of Nurmatov's application might take about two years, he said.
"We still expect that reason will prevail sooner than that and that Ali Feruz will be freed from the temporary accommodation center, as his presence there is illegal, violating, among others, Article 5 of the Convention (the right to liberty and security of person), which we also mentioned in our application to the European Court," he said.
In their treatment of Nurmatov, the Russian authorities also violated Article 3 of the Human Rights Convention (prohibition of torture) both per se, as he was beaten during his transportation to the temporary accommodation center for foreigners, and in combination with Article 14 (prohibition of discrimination), as Feruz's deportation to Uzbekistan is likely to lead to his prosecution for his homosexuality (which is classified as a crime in Uzbekistan), the lawyer said.
Feruz's defense also claimed that Russian courts and other authorities did not properly analyze the arguments that, if deported to Uzbekistan, the journalist faced torture, which indicates violation of Articles 3 and 13 of the Convention, Koroteyev said.
The Moscow City Court ruled on August 8 to stay Nurmatov's deportation from Russia ordered by a lower court as the ECHR had applied interim measures to the journalist under Rule 39 of the Rules of Court, so prohibiting his removal from Russian territory until the ECHR delivers a judgment on his application. At the same time, the court's order on Nurmatov's deportation remains legally valid.
Moscow's Basmanny District Court ruled on August 1 to fine Nurmatov 5,000 rubles and deport him from Russia for violating the rules of presence in the country.
Nurmatov said in court that he could not return to Uzbekistan, where he had been subjected to persecution and torture for his journalistic work.
