Expulsion without Decree

A citizen of Turkmenistan is illegally detained in Sakharovo Detention Center for Foreign Nationals (DCFN) on the basis of an erroneous deportation order.

‘I asked a duty officer at the Center, where Muhammet is detained, to introduce himself. And he replies, “why do you care? The main thing is that you talk to people and they answer you in a human way.” I was shocked by such an answer. I am Russian and the fact that this is happening in my country, it hurts me.’

These are the words of Khadidzhat, the wife of Nurmuhammet Orazmedov. She is originally from Dagestan. Her husband was detained in a bank where he came to find out why his credit card had been blocked. Muhammat was sent to Sokolniki police department directly from the bank office. There within two days the check had been conducted according to which it became known that the Prosecutor’s office does not have any claims against Orazmedov; no one is looking for him. For 48 hours Nurmuhammet’s wife had no idea where her husband was and panic-stricken she made unsuccessful attempts to find him.

Muhammet called in two days and said that he was in Sakharovo DCFN (Detention Center for Foreign Nationals). Officially, he was released from  the Department of Internal Affairs, but in fact he was transferred to Detention Center where he was allegedly taken on the basis of the expulsion decision of  Cheryomushkinsky court, dated February of this year.

In is true that Orazmedov was detained in winter this year. But then Cheryomushkinsky court in the presence of Illarion Vasiliev, lawyer of the Migration and Law network of the Human Rights Center Memorial, ordered Muhammet to pay a fine without expulsion. The decision, on the basis of which Turkmen citizen was placed in Detention Center for three weeks, was issued the same date, but  without information about the family and with appointed expulsion.

According to the lawyer, “Center E”, the Department for Countering Extremism of the Ministry of Internal Affairs of the Russian Federation, tried to recruit Orazmedov but he did not succumb and was threatened that he would have problems.

‘I went to Cheryomushkinsky court to find out what decree was involved in the case; I asked for materials of the case and saw that they had Orazmedov’s papers on their desk,’ says the lawyer, Illarion Vasilyev. ‘There was a court decree ordering the fine without expulsion, “Center E” request to provide the court order  and a notify on the wrong expulsion decision, issued by the same court.’

After the lawyer’s visit a document had been sent from Cheryomushkinsky court to Detention Center, containing the following text: ‘We inform that the decree issued earlier on February 13, 2017 regarding Orazmedov Nurmuhammet, providing for administrative punishment in the form of administrative expulsion, contains a technical error, issued erroneously and is not subject to execution.’

However, the document states that Cheryomushkinsky court sent the document to the Detention Center for Foreign Nationals of the Federal Migration Service of Russia in Moscow. Since 2016, the Federal Migration Service does not exist, now it is the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. Also, the Special Office for Temporary Detention of Foreign Nationals (SOTDFN) is now called Detention Center for Foreign Nationals (DCFN).

Because of this mistake Mr. Pobeda A.A., the acting head of the Sakharovo DFCN,  refuses to release Orazmedov. He told Illarion Vasilyev, that he was waiting for the letter, addressed specifically to the Ministry of Internal Affairs, and not to the non-existent Federal Migration Service.

Turkmen citizen is illegally detained for three weeks. If the lawyer had not intervened, no one would have noticed the ‘technical error’, due to which Muhammet was almost expelled from the country. And in the case of Orazmedov, returning to his homeland, where he is accused of inciting extremism through social networks (not proven), can turn into a tragedy. ‘I was listening once, they called him from Turkmenistan, they told him to come, promised to buy the ticket. That was was some kind of their public servant. Muhammet explained to him that he had family here, he had to work, and he had no time and money to travel home. But it’s clear that they call him back home for something terrible,’ Khadidzhat says and, pronouncing the last sentence, suddenly raises her eyes as if asking: you do understand, right?

At the moment, Orazmedov’s stay in the territory of the Russian Federation is absolutely legal. The lawyer Illarion Vasilyev, who cooperates with the Civic Assistance Committee, helps Orazmedov to obtain temporary asylum in the Russian Federation. For now his documents are under consideration.

By Daria Manina, Civic Assistance Committee