Movlaev’s Defense: No Legal Grounds Remain to Keep Him in Custody

The defense team for Mansur Movlaev, a native of Chechnya, has appealed to Kazakhstan’s Prosecutor General, Berik Asylov, demanding an end to his continued detention pending extradition. According to the defense, the statutory time limit has expired, and Kazakh authorities no longer have legal grounds to hold Movlaev in custody.

The text of the appeal was published on July 16 on the Instagram account *free_mansour_movlaev*.

The appeal states that Part 9 of Article 589 of the Criminal Procedure Code of Kazakhstan permits the extension of extradition detention in only two instances: if additional time is required to transfer the individual to the requesting state, or if a court is reviewing a complaint against the extradition decision.

According to the document's authors, neither of these grounds applies to Mansur Movlaev at present.

As noted in the appeal, extradition cannot be carried out because the procedure has been suspended pending the resolution of his asylum application. Furthermore, the UN Human Rights Committee previously issued interim measures regarding Movlaev’s complaint, calling on Kazakhstan to refrain from extraditing him to Russia until a final decision on the merits of the case is reached.

The document also states that the judicial review of the complaint against the Prosecutor General's Office's extradition decision has already concluded; therefore, the second statutory ground for extending detention is also absent.

Despite this, the term of extradition detention was first extended to 14 months and subsequently to 20 months, the appeal notes.

The authors argue that the courts are effectively justifying the detention extensions on the grounds that the asylum application remains under consideration. However, the appeal asserts that Article 589 of the Criminal Procedure Code of Kazakhstan does not provide for such a justification. "An expansive interpretation of this provision contradicts the principle of legality enshrined in the Constitution of the Republic of Kazakhstan, as restrictions on the right to liberty are permissible only in cases and according to procedures expressly established by law," the appeal states.

In light of this, the authors are asking the Prosecutor General to review the legality of Movlaev’s continued detention and to take measures to restore his rights.

Previously, a Kazakhstani court extended Movlaev’s detention pending extradition until January 13, 2027. Human rights defender Maxim Rudnev reported this, noting that the hearing took place without the participation of Movlaev himself or his lawyers.

Rudnev stated at the time that Kazakhstani law allows for the extension of detention pending extradition only to organize the transfer of the detainee or while an appeal against the extradition decision is being considered.

"In essence, there are currently no legal grounds for extending the detention," the human rights defender noted.

At the same time, he emphasized that even such a decision is preferable to immediate extradition to Russia.

Russia is seeking Movlaev’s extradition on charges of extremism. He denies the allegations and claims to have been persecuted in Chechnya. According to the Chechen opposition movement NIYSO, security officials abducted him in 2022 and held him in a secret prison, after which he managed to leave the republic.

Following his detention in Kazakhstan, Movlaev applied for asylum but was refused, and the country's Prosecutor General's Office authorized his extradition. Later, the UN Human Rights Committee demanded that Kazakhstan not extradite him to Russia until the review of his complaint was concluded.

Movlaev’s supporters and human rights defenders also reported that, following his detention, pressure on his relatives in Chechnya intensified: his brother was hospitalized with severe injuries, and his parents were allegedly abducted.