Server Mustafayev subjected to “strict detention conditions” in Penal Colony
On 19 April 2024, the Rostov Regional Court upheld the decision of the Novocherkassk City Court, and refused to fully satisfy the lawsuit filed by prominent Crimean human rights defender and coordinator of “Crimean Solidarity” Server Mustafayev against the Pre-trial Detention Center #3 and the Head Directory of the Federal Penitentiary Service in Rostov Region, Russia.
In January 2024, the family of human rights defender Server Mustafayev was able to visit him in the Penal Colony #1 in Tambov, in the Russian Federation. Upon returning from the visit, the human rights defender’s wife reported that, in the Tambov Penal Colony, he is being subjected to “strict detention conditions.” He is also being targeted with additional control and supervision within the “preventive registration” for terrorism and extremism. Moreover, Server Mustafayev’s health conditions continue to be worrying, and he still cannot access education in prison.
On 16 September 2020, the Southern District Military Court in Rostov-on-Don sentenced human rights defender Server Mustafayev to fourteen years in a strict-regime correctional colony. Server Mustafayev was detained in May 2018 on charges of “membership of a terrorist organisation”. Later the charge of “planning to violently seize state power” was also added to his case.
On 15 and 19 November 2019, the first two court hearings on the case of the Bakhchisaray group were held in the Southern District Military Court of Rostov-on-Don. Server Mustafayev is being charged in a joint case with seven other Crimean Tatars for alleged membership of the Bakhchisaray branch of Islamic party Hizb ut-Tahrir, which is banned in Russia, but not in Ukraine.
On 5 April 2019, the Supreme Court of Crimea prolonged the pre-trial detention of Server Mustafayev until 9 June 2019. The decision was made after a closed-door hearing concerning his case.
On 22 May 2018, Kievsky District Court in the city of Simferopol ordered that human rights defender, Server Mustafayev, remain in pre-trial detention until 9 July. He was arrested the previous day for alleged involvement in Hizb ut-Tahrir, which is recognised as a terrorist organisation in the Russian Federation.
Server Mustafayev is a Tatar human rights defender and the coordinator of Crimean Solidarity, a civil society initiative created after the occupation of the Crimean peninsula by the Russian Federation and the repression of dissenting voices. Crimean Solidarity, created by the families of those imprisoned for opposing the occupation, has expanded quickly. It now monitors and documents human rights violations, provides legal aid, observes trials, and provides assistance - including financial - to families. Crimean Solidarity focuses mainly on providing support to the Crimean Tatar community, which has been particularly targeted by the Russian authorities.
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- 24 May 2024 : Court refused to fully recognize violations of the rights of Server Mustafayev
- 10 April 2024 : Server Mustafayev subjected to “strict detention conditions” and targeted with restrictive measures on terrorism and extremism in the Penal Colony
- 23 September 2020 : Server Mustafayev sentenced to fourteen years in strict-regime correctional colony
- 21 November 2019 : Server Mustafayev to remain silent during hearing in protest against judge
- 18 April 2019 : Prolonged pre-trial detention of Crimean human rights defender Server Mustafayev
- 24 May 2018 : Arrest of human rights defender Server Mustafayev
On 19 April 2024, the Rostov Regional Court upheld the decision of the Novocherkassk City Court, and refused to fully satisfy the lawsuit filed by prominent Crimean human rights defender and coordinator of “Crimean Solidarity” Server Mustafayev against the Pre-trial Detention Center #3 and the Head Directory of the Federal Penitentiary Service in Rostov Region, Russia. The lawsuit that the human rights defender filed addressed the fact that, while in detention, the prison authorities fostered his isolation from the outside world through their conscious limitation of his communications and their refusal to uphold his rights as a detainee. The Court upheld the decision that the prison authorities failed to ensure proper conditions of detention and ordered to pay out a compensation of RUR 10,000 (approximately EUR100). This constitutes only a partial satisfaction of Server Mustafayev’s demands.
Server Mustafayev is a Crimean Tatar human rights defender and the coordinator of Crimean Solidarity, a civil society initiative created after the annexation of the Crimean peninsula by the Russian Federation. Crimean Solidarity, created by the relatives and lawyers of victims of politically motivated persecution in the region, has expanded quickly. It monitors human rights violations, observes trials, and provides legal and financial aid to families of arrested individuals. Crimean Solidarity focuses mainly on providing support to the Crimean Tatar community, which has been a particular target of the Russian authorities.
In his lawsuit, Server Mustafayev focused on the fact that the prison authorities isolated him and limited his rights for defence, while he was in pre-trial detention in Rostov. For example, the human rights defender noted that the prison authorities refused to send out his letters, addressed to various authorities in Russia. Moreover, the same authorities prohibited him from making phone calls, and refused to notarize legal documents that were essential for his criminal case, including an authorisation for representation that the human rights defender granted to a family member. The human rights defender requested the authorities to compensate him RUR 1,500 (EUR 15) for each of the 530 days of the inaction of the authorities of the Pre-trial Detention Center #3. He cited moral damages as well, and the negative effects that isolation has had on his health and well-being.
On April 12, 2023, the Novocherkassk City Court in Rostov Region partially fulfilled the demands of the lawsuit and awarded Server Mustafayev RUR 10,000, stating that the awarded amount meets the requirements of justice in full, and will compensate for violations of the plaintiff’s rights. Both the human rights defender and the representatives of the Federal Penitentiary Service appealed the decision of the Court, yet the Court of appeals upheld the initial decision. Server Mustafayev requested the Court to satisfy his request in full, while the Federal Penitentiary Service claimed that there was no violation of the Federal Law “On Detention of Suspects and those Accused of Committing Crimes”, and asked the Court of Appeals to refuse any compensation awarded to the Human Rights Defender.
On 16 September 2020, the Southern District Military Court in Rostov-on-Don, Russia, sentenced human rights defender Server Mustafayev to fourteen years in a strict-regime correctional colony. The authorities found Server Mustafayev guilty of “membership of the Islamic group Hizb ut-Tahrir” and “planning to violently seize state power” under Part 2 of Articles 205.5.2 and 278 of the Criminal Code of the Russian Federation respectively. Server Mustafayev serves his sentence in Penal Colony #1 in Tambov, Russia, under a “strict conditions of custody.” His health remains a serious concern: his eyesight is reportedly deteriorating due to poor lighting. He suffers from constant chest pain and breathing difficulties, for which he has consistently been denied a cardiological examination. These severe conditions prevent him from accessing education, despite the fact that he was enrolled in an online program at a law university.
Front Line Defenders is concerned with the violation of rights that human rights defender Server Mustafayev experienced in detention, and his systemic mistreatment and isolation that prison authorities continue to foster through “strict detention conditions.” Front Line Defenders remains deeply concerned by continued unjust detention to sentence human rights defender Server Mustafayev to fourteen years in a strict-regime correctional colony. Front Line Defenders believes that the conviction of Server Mustafayev constitutes a deliberate misuse of anti-terrorist legislation aimed at the prosecution and deterrence of human rights defenders’ work in Crimea and continues to advocate for his immediate release.
In January 2024, the family of human rights defender Server Mustafayev was able to visit him in the Penal Colony #1 in Tambov, in the Russian Federation. Upon returning from the visit, the human rights defender’s wife reported that, in the Tambov Penal Colony, he is being subjected to “strict detention conditions.” He is also being targeted with additional control and supervision within the “preventive registration” for terrorism and extremism. Moreover, Server Mustafayev’s health conditions continue to be worrying, and he still cannot access education in prison.
In detention, Server Mustafayev remains subjected to further restrictive measures. In November 2023, upon his transfer to Penal Colony #1 in Tambov, the human rights defender was subjected to preventive registration for terrorism and extremism. Preventive registration is a restrictive measure designed to forestall criminal activities among inmates and is mandated by the Instruction developed by Russia’s Ministry of Justice. All these restrictive measures, according to Server Mustafayev’s wife, Maye Mustafayeva, are based on the sentence issued in 2020. In that sentence, the Southern District Military Court in Rostov-on-Don found Server Mustafayev guilty of “membership of the Islamic group Hizb ut-Tahrir” and “planning to violently seize state power” under Part 2 of Articles 205.5.2 and 278 of the Criminal Code of the Russian Federation respectively. The gravity of these articles lays the ground for further persecution from the Penal Colony authorities.
Furthermore, Server Mustafayev’s wife reported that the “strict detention conditions” continue to limit his ability to access education opportunities. At the beginning of 2023, the human rights defender enrolled in an online law university with the permission of the Penal Colony authorities. However, in May 2023, Server Mustafayev lawyer reported that he still could not start his courses, as he could not gain access to the laptop that his family transferred to him. His wife also reported that “strict detention conditions” entail isolation from the rest of the Penal Colony population. It is the Commission, which is composed by Penal Colony staff members, to determine and impose on the prisoner “strict detention conditions” - for a period of up to nine months - without trial.
The detention conditions also affected Server Mustafayev's state of health. The bad lighting in the incarceration unit negatively impacted his eyesight. Earlier in 2023, he had also been suffering from chest pain and breathing difficulties for more than a year. However, he has always been denied to undergo a cardiology examination.
Server Mustafayev’s wife reported that he continues his human rights work in prison, for which he faces additional pressure from the prison authorities. The human rights defender supports his fellow inmates by helping them in writing and filing motions to address the violation of their rights in detention. He also documents his experience of injustice in his diaries.
On 16 September 2020, the Southern District Military Court in Rostov-on-Don sentenced human rights defender Server Mustafayev to fourteen years in a strict-regime correctional colony. Server Mustafayev was detained in May 2018 on charges of “membership of a terrorist organisation”. Later the charge of “planning to violently seize state power” was also added to his case.
Server Mustafayev is a Crimean Tatar human rights defender and the coordinator of Crimean Solidarity, a civil society initiative created after the annexation of the Crimean peninsula by the Russian Federation. Crimean Solidarity, created by the relatives and lawyers of victims of politically motivated persecution in the region, has expanded quickly. It monitors human rights violations, observes trials, and provides legal and financial aid to families of arrested individuals. Crimean Solidarity focuses mainly on providing support to the Crimean Tatar community, which has been a particular target of the Russian authorities.
Server Mustafayev was detained on 22 May 2018 at his home in Bakhchisaray. Before the detention a search was conducted at his home where electronic equipment and documents were seized. His lawyer was denied permission to observe the search at the time.
On 16 September 2020, the Southern District Military Court in Rostov-on-Don found Server Mustafayev guilty of membership of the Islamic group Hizb ut-Tahrir and “planning to violently seize state power” under part 2 of Articles 205.5.2 and 278 of the Criminal Code of the Russian Federation respectively. He was sentenced to 14 years in a strict-regime correctional colony and after which he would have certain rights and freedoms restricted for one year. The restrictions include a ban on travel outside Crimea and an obligation to periodically report to the police. Hizb ut-Tahrir has been recognised as a terrorist organisation in Russia since 2003, but is not prohibited in Ukraine and most other European countries.
During the trial, which involved seven other defendants, there were numerous violations of Server Mustafayev and the others’ right to defence and breaches of procedural rules, such as refusal to consider petitions, refusal to consider recusation of the judges and prosecutors, refusal to question witnesses and the removal of the defendant (Server Mustafayev) from the courtroom for alleged breach of order.
On 11 August 2020, when the judge refused to question a number of witnesses, Server Mustafayev silently raised his hand to contest the decision. The judge unexpectedly announced that Mustafayev was to be removed from the trial until the end of the judicial investigation; “Due to the numerous violations of the rules of the trial by the defendant Mustafayev, and the ineffectiveness of the measures taken by the court to enforce order in the trial, the presiding judge must intervene to remove the defendant Mustafayev until the end of the trial”.
On 24 August 2020, at the court hearing when the judge asked if Mustafayev and other defendants on trial were going to testify, the defendants and their lawyers asked the court to consider their numerous petitions first. The judge reportedly considered this response a refusal and announced the that it would proceed to the parties' presentations. In reality, the court had not allowed the defendants sufficient space to respond.
Server Mustafayev’s lawyers, who have appealed the court’s decision, emphasise that there is no proof of any terrorist or violent activities performed by Server Mustafayev. Amnesty International and Russian Memorial Human Rights Centre recognise Server Mustafayev as a prisoner of conscience.
Before the announcement of the verdict of the court, on 15 September 2020, Server Mustafayev’s mother staged a one-person picket in Bakhchisaray, against the criminalisation of her son. Since then, she has also faced persecution—two administrative cases were opened against her on 22 September 2020. She is accused of “violation of the rules for holding a mass public event” and “violation of the quarantine rules prohibiting the holding of mass public events” – despite undertaking the demonstration alone.
Front Line Defenders is deeply concerned by the Southern District Military Court’s decision to sentence human rights defender Server Mustafayev to fourteen years in a strict-regime correctional colony. Front Line Defenders believes that the conviction of Server Mustafayev constitutes a deliberate misuse of anti-terrorist legislation aimed at the prosecution and deterrence of human rights defenders’ work in Crimea. Front Line Defenders reiterates its call to the Russian authorities to quash Server Mustafayev’s conviction and facilitate his immediately release.
On 15 and 19 November 2019, the first two court hearings on the case of the Bakhchisaray group were held in the Southern District Military Court of Rostov-on-Don. Server Mustafayev is being charged in a joint case with seven other Crimean Tatars for alleged membership of the Bakhchisaray branch of Islamic party Hizb ut-Tahrir, which is banned in Russia, but not in Ukraine.
On 15 November 2019, during the first court hearing, Server Mustafayev filed to recuse judge Rizvan Zubairov for committing violations during pre-trial proceedings. On 19 November 2019, during the second court hearing, Mustafayev’s request was denied. That same day, Server Mustafayev filed to recuse the judge for the second time, after the judge interrupted his statement. Server Mustafayev declared that he would stay silent as a form of protest against the judge’s behaviour.
The next court hearings on the case of the Bakhchisaray’s group will take place on 27 November and 3, 4, 10 and 17 December 2019.
On 5 April 2019, the Supreme Court of Crimea prolonged the pre-trial detention of Server Mustafayev until 9 June 2019. The decision was made after a closed-door hearing concerning his case.
Server Mustafayev is a Tatar human rights defender from Crimea working on the protection of the Crimean Tatar community, which has been particularly targeted by the Russian authorities. The human rights defender was arrested on 21 May 2018 for alleged involvement in Hizb ut-Tahrir, recognised as a terrorist organisation in Russia.
On 22 May 2018, Kievsky District Court in the city of Simferopol ordered that human rights defender, Server Mustafayev, remain in pre-trial detention until 9 July. He was arrested the previous day for alleged involvement in Hizb ut-Tahrir, which is recognised as a terrorist organisation in the Russian Federation.
On 21 May, at approximatively 7:00am, masked policemen entered Server Mustafayev’s home in the city of Bakhchisarai and began carrying out a search, which lasted approximatively 3 hours. Some documents and electronic equipment were seized. Server Mustafayev was denied access to his lawyer during the search. He was arrested and brought to the Federal Security Department for interrogation where he was accompanied by his lawyer and provided with an interpreter.
At an in camera hearing on 22 May, Kievsky District Court ordered that Server Mustafayev remain in pre-trial detention on charges of “membership of a terrorist organisation” under Article 205.5.2 of the Penal Code of the Russian Federation. If convicted, he will face up to 10 years in jail. Hizb ut-Tahrir has been recognised as a terrorist organisation in Russia since 2003, but is not recognised as such under Ukrainian law.
Emir Usein Kuku is another Tatar human rights defender from Crimea who has been charged with membership of Hizb ut-Tahrir. He has been in pre-trial detention since February 2016 and his trial is now ongoing. He denies involvement with Hizb ut-Tahrir and believes his detention to be a reprisal for his human rights activity. Prior to his arrest, the authorities tried to recruit him as informant. He refused and publicly denounced their request.
Front Line Defenders is concerned about the detention of, and charges against, Server Mustafayev, which it believes to be an attempt to intimidate the human rights defender and prevent him from continuing his legitimate work in defence of human rights in Crimea.
Front Line Defenders urges the authorities in Crimea to:
1. Immediately drop all charges against Server Mustafayev as it is believed that they are solely motivated by his legitimate and peaceful work in defence of human rights;
2. Immediately and unconditionally release Server Mustafayev, as Front Line Defenders believes that he is being held solely as a result of his legitimate and peaceful work in the defence of human rights;
3. Cease targeting all human rights defenders in Crimea and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
