CAT/C/55/D/554/2013
1.3
On 16 April 2014, the Committee, acting through its Rapporteur on new complaints
and interim measures, decided to examine the admissibility of the communication together
with its merits.
The facts as presented by the complainant
2.1
The complainant is a citizen of the Russian Federation. He resided in the city of
Nazran. On 18 October 2012, he and his friend, A.Z., were abducted and detained by
unknown people. While A.Z. was killed after one day in detention, the complainant was
beaten by the kidnappers for 11 days. He was asked about names of individuals and shown
photographs of people he did not know. On the basis of this and other things, he concluded
that his kidnappers were representatives of law enforcement agencies. On the eighteenth
day of his detention, he overheard a telephone conversation of one of his kidnappers, from
which he understood that they planned to kill him. He managed to escape. After 28 days of
wandering in the woods, he was able to return home with the help of a man he had met.
Meanwhile, on 19 October 2012, the complainant’s brother reported his disappearance to
the Ombudsman of Ingushetia. On 22 October 2012, the parents of the complainant and
A.Z. requested the prosecutor’s office of Nazran district to find their sons, who had gone
missing on 18 October 2012. On 1 November 2012, a criminal investigation was opened
into the possible murder of the complainant and A.Z. On 3 November 2012, the
complainant’s wife was recognized as a victim in the criminal proceedings connected to his
disappearance. On an unspecified date, while the complainant was still missing, the
authorities informed his mother of his death in a landmine explosion. The complainant’s
mother refused to recognize the remains of the body shown to her as that of her son; the
body was recognized by the parents of A.Z. as belonging to their son.
2.2
On 14 March 2013, the complainant arrived in Kazakhstan, where his uncle resided,
and registered with the immigration authorities in the city of Uralsk. On 7 March 2013, the
complainant was registered by the Russian Federation as a wanted suspect in a criminal
case concerning the activities of an organized armed group in the territory of Ingushetia.
The relevant documentation was transmitted to the Kazakh authorities on 24 April 2013.
An identical document dated 23 March 2013 was transmitted to the authorities of
Kazakhstan on 14 May 2013. On 23 April 2013, the complainant was charged with criminal
offences under the Russian Criminal Code, specifically under article 209, concerning
banditry, and article 222, concerning the illegal acquisition, transfer, selling, storage,
transportation and carrying of firearms. The relevant documentation was transmitted to the
Kazakh authorities on 14 May 2013. On 23 April 2013, the complainant was registered on
the international wanted list. On 25 April 2013, the Alania District Court in Northern
Ossetia authorized the placement in custody of the complainant as a preventive measure.
2.3
On 26 April 2013, the complainant was apprehended by officers of the West
Kazakhstan Regional Department of the Interior. On 27 April 2013, his detention with the
aim of extradition to the Russian Federation was authorized by the Prosecutor of Uralsk.
This decision was maintained on 29 April 2013 by the City Court of Uralsk. The
complainant appealed the decision on his detention to the West Kazakhstan Regional Court,
arguing that the criminal charges against him had been fabricated, that he had been
subjected to torture, the evidence of which were the marks on his body, and that he had
intended to request asylum in Kazakhstan. On 8 May 2013, the Regional Court rejected his
appeal, stating that the criminal charges against him had been confirmed by the documents
provided by the Russian authorities. The duration of the complainant’s detention was
extended by the City Court on 24 June 2013, 19 July 2013 and 21 January 2014. The
complainant appealed the City Court decisions of 24 June and 19 July 2013 to the West
Kazakhstan Regional Court, on the grounds that he had been abducted and tortured,
allegedly by Russian law enforcement officials, and that he would be placed at risk of
torture and possibly death if extradited. His appeals were rejected by the Regional Court on
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