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Ukraine extradited Tumgoev to Russia on FSB request. How come?

Author : News Agency 112.ua

This case has been going on since 2016. For two years, she became one of the most discussed case in the country. Let’s see why
18:10, 17 September 2018

Open source

Today, large-scale clashes between the law enforcers and the nationalists took place under the building of the General Prosecutor's Office in Kyiv.

The nationalists even tried to storm the building of the GPO but were splashed by the water.

It is also known from social networks that tear gas was used against the participants of the rally. They responded with stones and smoke bombs.

As the representative of Svoboda (Freedom) political party Oleksandr Aronets noted, the activists came to the GPO building to demand the resignation of Deputy Prosecutor General Evhen Yenin, who signed the permission to extradite the Ingush Timur Tumgoev to Russia.

What happened?

Five days ago, on September 12, it became known that the Prosecutor General's Office of Ukraine had extradited a 31-year-old Ingush Timur Tumgoev to Russia at the request of Russian Federal Security Service.

Later, the GPO explained why they had done so. The argument is as follows:

- “competent authorities of the Russian Federation" sent a request for extradition of a person for criminal prosecution for crimes under the Criminal Code of the Russian Federation, namely: training to carry out terrorist activities and participation in a terrorist organization.

In short, Russia accuses Tumgoev of involvement in an illegal armed formation that was structurally part of the Islamic State grouping and took part in hostilities against government troops of the Syrian Arab Republic. The GPO claimed Tumgoev did not hide this fact. That is why the Prosecutor General's Office on October 13 decided to extradite Tumgoev, who appealed against the decision.

- the appeal on the decision of the Prosecutor General's Office of Ukraine for extradition was declined by the courts of the first and appellate instances. Thus, the decision of the Prosecutor General's Office on extradition came into force.

- it was reported that Tumgoev applied to the migration service authorities twice (in 2016 and 2017) with a request for refugee status, but was refused (due to the lack of grounds) each time. Even though Tumgoev informed that he was subjected to persecution in Russia because he was a Salafi Muslim;

- The European Court of Human Rights also considered the appeal of Tumgoev to suspend the extradition procedure in the Russian Federation. After studying the documents, the European Court canceled all restrictive measures.

- The GPO also says Tumgoev had not participated in the Joint Forces Operation.

"For all the time that the Prosecutor General's Office of Ukraine has requested the extradition (more than two years) no data on his participation in the operation or the desire to participate in it have been reported, never once did the defense side say so."

There are other statements on that.

Did Tumgoev participate in Joint Forces Operation in Donbas?

"When Timur arrived in Ukraine, he told the escorts who had detained him, that he wanted to help his brothers in our battalion...He was treated and since last year was inscribed in the battalion, he was issued an identity card. He served both on the base and on the front. He regularly was checking in with the investigator in Kharkiv."

This is the message of Muslim Cheberloevsky, commander of the Sheikh Mansur battalion (part of the Ukrainian Volunteer Army). In the comments to the Facts agency he stated that Tumgoev still participated in the Joint Forces Operation.

It is noteworthy that during his stay in the prison after his arrest in 2016, Tumgoev cut his veins to, according to Cheberloevsky, “not be extradited to Russia.”

After that, he was released. However, recently he was detained again.

"His wife got seriously ill in Turkey, and Timur could not fly there while he was under investigation, but tried to somehow help. A month ago, we let him go to Kyiv, he was looking for medications, but later his wife died. Three or four days ago he phoned, saying he was returning, only had to go for checking in in Kharkiv. It’s from there he informed that he was detained. We were told that it was nothing serious and in the morning on September 12 Timur would be free to return to the battalion. But in the morning there was no news from him,” Cheberloevsky said.

Comment from General Prosecutor’s Office

Another comment for the collection. This time, from the person who signed the extradition documents.

Deputy Prosecutor General Yevhen Yenin in the comments for the Facts news agency said:

"Timur Tumgoev was wanted for his involvement in the Islamic State and he did not conceal this involvement. Such people are professional soldiers, who are usually trained in camps in Egypt, fighting in the IS. After that, having a red card for the search they go through Turkey to Ukraine. They are often involved in the illicit trafficking of weapons and drugs. Tumgoev did not engage with the Ukrainian special services, and he did not present any interest for the security of the country, and he was refused asylum. Then, he fully utilized his right for protection, but the courts refused to satisfy his appeals and to prohibit the extradition. In particular, because he did not provide any confirmation of his participation in the Joint Forces Operation. As for the appeal of the UN Human Rights Committee, it is of a recommendatory nature, that is, it is optional for implementation".  

What is this appeal?

"The leadership of the General Prosecutor's Office ignored a direct instruction of the UN Human Rights Committee to not extradite Tumgoev to the Russian government until the completion of consideration of his case by the committee. The GPO has deliberately violated the norms of national and international law, instruction of an international body for human rights, not to mention his human rights. "

This is part of the joint statement of the Kharkiv Human Rights Protection Group and the Ukrainian Helsinki Human Rights Union published on September 14.

The human rights activists demand to investigate the circumstances of Tumgoev’s extradition, to suspend from duty the Deputy Prosecutor General Yevhen Yenin, who signed a detention order and order on the transfer of Tumgoev and demand from Russia the immediate establishment of the whereabouts of Timur Tumgoev and inform about his health and conditions of detention.

What’s next?

The situation has intensified, which has already led to clashes under the building of the GPO. The press service of the Kyiv police has already reported injuries of seven law enforcement officers due to the rally under the GPO.

The fate of Tumgoev is still unknown.

Related: Poroshenko enforces decision on termination Friendship Treaty with Russia

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