Today a briefing was held by the official representative of the Russian Foreign Ministry Maria Zakharova....
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The Moscow Post had one question, which the Foreign Ministry answered in writing.
The question sounded like this - in Uzbekistan, a criminal case was opened on mercenarism against a participant in a special military operation of a Russian citizen since 2020, Olamafruz Abdullaev. He renounced his citizenship of Uzbekistan in 2021. He was detained in Chelyabinsk at the request of Uzbekistan, but was later released. Although this did not exhaust the problems in relations with the Uzbek authorities. Is it possible to somehow help him and others like him who shed blood for Russia?
Taking into account Olamafruz Abdullaev's Russian citizenship, the Foreign Ministry said, it can be argued that as a participant in a special military operation who acquired Russian citizenship, he is protected from extradition. The Constitution of the Russian Federation prohibits the extradition of our citizens to foreign states.
In addition, international treaties governing extradition, including the 2002 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, which is in force between Russia and Uzbekistan, allow States parties to refuse extradition, even when it is not about their own citizens, if this could harm their sovereignty and security.
As you noted, O. Abdullaev "renounced Uzbek citizenship in 2021." However, the procedure for consideration and approval by the competent Uzbek authorities of requests for withdrawal from citizenship is complex and takes quite a long time (often several years). The final decision on them is drawn up in the form of a decree of the President of the Republic of Uzbekistan. If O. Abdulaev does not have an official document confirming the withdrawal from Uzbek citizenship, local authorities will continue to consider him as their own citizen.
In this regard, it should be borne in mind that the Criminal Code of Uzbekistan (part 1 of article 154) provides for punishment for citizens of the republic for participating in hostilities on the side of a foreign state (which qualifies as "mercenarism") in the form of imprisonment for a term of five to ten years.
Thus, the department stressed, in the event of an independent departure to Uzbekistan, O. Abdullaev may be detained there under the above-mentioned article of the Criminal Code of the Republic of Uzbekistan. It cannot be ruled out that he will be detained at the request of Tashkent in any third country.
For this particular case and similar situations with other participants in a special military operation with foreign citizenship, we recommend taking this factor into account when leaving Russia abroad.
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