CAT/C/55/D/554/2013
14 June 2013 and 26 July 2013. A third appeal, filed on 26 June 2013, was pending before
the Regional Court at the time of submission of the complaint.
2.4
On 21 May 2013, the Prosecutor General’s Office of the Russian Federation
formally requested the extradition of the complainant. By a resolution of 23 May 2013, the
Deputy Prosecutor General of Kazakhstan granted the extradition request on the basis of the
Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters
(the Minsk Convention).
2.5
On 20 June 2013, the complainant appealed the Deputy Prosecutor General’s
decision to the Uralsk City Court, providing details of his previous torture and expressing
his fear of torture or death in the event of his extradition. On 21 June 2013, the City Court
rejected the appeal, having not found any grounds to overturn the extradition decision and
stating, inter alia, that the complainant had not informed the police about his alleged torture,
and had applied for asylum only after the extradition decision concerning him had been
made. On 1 July 2013, the complainant appealed the decision of the City Court to the West
Kazakhstan Regional Court. He provided details of his previous abduction and torture and
stated that the marks of torture, including broken bones, were still visible on his body. He
referred to article 532 (1) (5) of the Criminal Procedure Code of Kazakhstan, which
prohibits the extradition of a person who faces a risk of being subjected to torture in the
country where he is returned. He also reiterated that the criminal charges against him had
been fabricated and referred in this regard to the different dates on two identical documents
concerning his registration on a wanted list in the Russian Federation. He also claimed that
the documents provided by the Russian authorities concerning his alleged criminal
activities did not contain any concrete dates, names or details. He referred to the principle
of non-refoulement in the Convention, claimed that the authorities had to take into account
the existence of a pattern of gross, flagrant or mass violations of human rights in a country
when making a decision on extradition, and provided the Court with articles confirming a
practice of abductions and torture in Ingushetia. The complainant also referred to the
request by the Committee not to extradite him while his case was pending before the
Committee. His appeal was rejected on 9 July 2013.
2.6
On 6 May 2013, 13 May 2013, 24 May 2013, 13 June 2013, and 24 June 2013, the
complainant applied for asylum to the Immigration Police Service of the West Kazakhstan
Regional Department of the Interior. His applications were rejected without being
considered on the merits because they did not meet formal requirements, the copy of his
passport was not readable and the complainant had not undertaken the necessary medical
examination.
The complaint
3.
When submitting the communication, the complainant claimed that his extradition to
the Russian Federation would be in violation of articles 3 (1), 6 and 7 (3) of the
Convention. He claimed that the situation in Ingushetia was unstable and that there was a
practice of abductions, torture and fabrication of criminal charges. This practice, taken
together with his previous abduction and torture, would put him at a risk of torture and
death.
State party’s observations on admissibility
4.1
On 28 August 2013, the State party challenged the admissibility of the complaint,
noting that the complainant had not appealed against the rejection of his asylum request by
the Immigration Police Service. It also stated that the complainant’s allegations about a risk
of torture upon extradition had not been confirmed by the Prosecutor General’s Office of
Kazakhstan and that the complainant had never raised claims of torture either at the time of
apprehension or during his detention. He also had not complained about any health-related
4