In 2017, Russia
prepared to deport journalist Ali Feruz, an Uzbek national. He said that the Uzbek special services had attempted to recruit him in 2008. When that happened, he decided to go to Russia. There he tried fruitlessly for several years to get both refugee status and temporary asylum. Finally, on 1 August 2017 he was
detained for violating the rules for foreigners staying in Russia. Feruz spoke openly about how he would face political persecution upon returning to Uzbekistan, that he would be detained and tortured. He
tried to commit suicide in the court when he was handed the expulsion order. Feruz spent six months in the temporary detention centre for foreign nationals. It was only thanks to media publicity and the intervention of the ECHR, Russian public figures, and Russian human rights ombudswoman
Tatiana Moskalkova that he wasn’t deported to his homeland but was sent to Germany.
Quite often, those who come to Russia as Feruz did find it impossible to become a legal refugee because the Russian state hardly gives anyone that
status. In 2023, Russia
hit a new low record with only sixteen people granted refugee status. There were only 244 official refugees living in the country by the end of the year. The most applicants can count on is temporary asylum. Such status is
granted only for one year. It is difficult to get extended and, in contrast to refugees, those holding temporary asylum cannot rely on the safety net. However, once a person has obtained temporary asylum, they cannot be deported and they are entitled to work. But few can count on even that. In 2023, “temporary asylum” status was granted only 6,828 times. That is fifteen times fewer than in 2022. And eighty percent of people who held “temporary asylum” status in 2023 were from Ukraine (5,435 people).
According to
Memorial Anti-Discrimination Centre expert Stefania Kulaeva, because the asylum process in Russia is essentially doomed to fail, Central Asians rarely try to obtain asylum and more often come to Russia as migrant workers. This trend was particularly
noticeable after the
ethnic violence in Kyrgyzstan in 2010 when attacks, murders, and robberies forced ethnic Uzbeks to flee to Russia. For several years, labour migration was a “necessary substitute for refugee status or temporary asylum.”
But some do seek asylum in Russia although there is little chance of getting it. That is because they simply cannot return to their homeland.
“It isn’t that a person is sitting in Tashkent and thinking ‘How can I get to a safe country where they will treat political persecution issues in my country with respect? I guess I’ll go to Russia.’ Of course not. They’re forced to take this step,” Kulaeva says. “It happens that people end up in Russia and they can’t go back. Political persecution is the only basis for being granted asylum. But Russia doesn’t acknowledge that it happens, for example, to radical Muslims or opponents of the regime. And those people understand they won’t get asylum, but they seek it anyway out of a sense of desperation.”
In 2019, researchers from the politics department at University of Exeter in the UK created a
database of political emigres from the Central Asian countries. It counted 278 people by 2020. Most are refugees from Uzbekistan. The second most persecuted people are from Tajikistan. The list
included not only politicians, but also journalists, human rights activists, and religious figures. According to the database’s makers, persecuted people most often move to Russia, although forced deportation is most widespread there.
Kulaeva says the most defenceless are those migrants who end up in the temporary detention centre for foreign nationals, which is also called a removal (or deportation) centre.
“Unfortunately, journalists didn’t write about those detention centres much until
some of them wound up there when Russia started seriously prosecuting people on administrative charges and there was no room left in temporary detention facilities. They were held there in terrible conditions and were shocked. In some ways, it was a useful ‘tour’ because migrants are imprisoned there not for just a few days, but for years. It’s important to know and report about this,” Kulaeva argues.
Conditions in the temporary detention centre for foreign nationals are almost identical to those in a prison. The sanitary conditions are poor, there is no access to drinking water, you can’t leave the room, and mobile phone calls are allowed at a strictly allotted time. But being placed there is not the same as serving a sentence. Formally, it is a “preliminary injunction” (in anticipation of an expulsion order). Immigrants are sent to the temporary detention centre for foreign nationals for administrative infractions—for example, for letting their temporary registration expire. People await expulsion orders at the centre, but the wait can be very long.
In June 2022, it transpired that some Turkmenistan nationals had already spent two years in such a migration facility outside of Moscow. They had been
placed there for overstaying their Russian visas. However, they couldn’t leave in time because of the pandemic, and transportation between Russia and Turkmenistan had been temporarily shut down. As a result, no one knew what to do next and the offenders were simply left at the temporary detention centre for foreign nationals. It happens that people wind up at the centre as an “preliminary injunction” for minor infractions, but spend more time there than some people do in penal colonies for committing real crimes.
In 2018, a Cameroonian national
wound up in the temporary detention centre for foreign nationals due to an error in a court decision. He had been detained in October of that year by immigration control officers who had written him up on administrative charges. But because the Cameroonian national had lost his documents, they wrote his name down wrong, as the senior inspector had dictated it to them. The man could not be deported because the name in the court order did not match the one in the repatriation certificate issued by the embassy. As a result, the court order was overturned and the Cameroonian national was released. But the proceedings took a year, and he spent the entire time in the prison conditions of the temporary detention centre for foreign nationals.
In December 2023, human rights activists
managed to get the federal law on administrative offences amended. Now Russian law stipulates that a person can be held in a temporary detention centre for foreign nationals no longer than ninety days. After ninety days, the court has to decide whether to extend the person’s detention at the centre or release them. The Interior Ministry may apply for an extension, while the individual may request to be deported at their own expense or simply be released. And if the judicial review process works as it should, then, whether or not they are seeking asylum status, migrants will no longer have to stay in a detention centre for months and years without the hope of getting out. It took ten years for human rights activists to get this amendment.