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• English Petition Denis Solopov

Dear Victor Pavlovich,

Denis Solopov, a citizen of the Russian Federation, came to Ukraine to seek an asylum from Russian authorities. He addressed his requests to the Mission of the UN High Commissioner for Refugees (UNHCR) in Ukraine. It scrutinized Denis's affairs and recognized him as a refugee within the mandate.On March 2, 2011 Denis was arrested by the representatives of Solomensky District Department of the Ministry of Internal Affairs in Kyiv.
On March 4, 2011 Solomensky District Court ignored judicial protection arguments including documentary confirmation of the fact that UNHCR in Ukraine recognized Denis as a refugee and authorized Denis Solopov’s temporary arrest for 40 days in order to provide his further extradition to the Russian Federation. According to the Criminal Procedure Code (Section 9, Chapter 37, Articles 450 - 470) the authority which is responsible for extradition procedures and decision taking about the extradition and refusing from extradition is the General Prosecutor's Office in Ukraine. Besides, it is the General Prosecutor's Office that is responsible for identification of the circumstances preventing the extradition.
Taking into consideration these circumstances this authority should decide if Denis is extradited to the Russian Federation or his extradition is denied. In this case, Art. 5 (1) (f) of the European Convention on Human Rights and Fundamental Freedoms suggests that “Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition”.
Regarding that the General Prosecutor's Office should consider Article 466 of Code of Criminal Procedure in Ukraine. It says that a person who was granted refugee status cannot be extradited to a foreign state, where his health, his life or freedom would be in danger. Besides, it should consider the documentary confirmation of the fact that UNHCR in Ukraine recognized Denis as a refugee within the mandate.

On the grounds of the information mentioned above and according to Article 461 of Code of Criminal Procedure, specifying that a detainee is released immediately if there are the reasons, according to which extradition is impossible and art. art. 464 and 466 of the CCP of Ukraine,
I APPEAL:
1. To recognize Denis Solopov’s extradition impossible.
2. To release Denis Solopov from custody immediately.
3. To refuse the competent authorities of the Russian Federation to deliver Denis Solopov.