CAT/C/55/D/554/2013
individualized risk assessment before returning the complainant to the Russian Federation.
Accordingly, the Committee concludes that the State party’s extradition of the complainant
to the Russian Federation constitutes a breach of article 3 of the Convention.
12.8 Regarding the diplomatic assurances received by the State party from the Russian
authorities as sufficient protection against this manifest risk, the Committee recalls that
such assurances cannot be used as an instrument to avoid the application of the principle of
non-refoulement. The Committee also notes that the State party has failed to provide any
updates on the situation of the complainant after his extradition, as it pledged to do in its
submissions.
13.
The Committee against Torture, acting under article 22 (7) of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, decides that the
facts before it reveal a breach by the State party of articles 3 and 22 of the Convention.
14.
In conformity with article 118 (5) of its rules of procedure, the Committee urges the
State party to provide redress for the complainant, including his return to Kazakhstan, if
necessary, or regular visits and effective monitoring if he is in detention, to ensure that he is
not subjected to treatment contrary to article 3 of the Convention. The complainant is also
entitled to an adequate compensation. The Committee wishes to be informed, within 90
days, of the steps taken by the State party to respond to the present Decision.
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