A/HRC/28/68/Add.1 been made to suppress evidence that may have been obtained under torture or at least to reopen the criminal case until such matter is fully determined. 443. The Government’s response confirms that Mr. A is not given alternative treatment for his drug addiction and states that Russian law on public health does not make those treatments available. The Rapporteur respectfully submits that certain alternative treatments are science-based and authoritatively recommended by specialized health rights organs, such as the Committee on Economic, Social and Cultural Rights and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. They are a viable alternative to what otherwise is treatment that inflicts unnecessary and severe pain and suffering (A/HRC/22/53). Whether or not the aforementioned recommendations are binding as a matter of international law, the Russian Federation is without a doubt bound by the prohibition on cruel, inhuman or degrading treatment and must find treatment alternatives that are less painful. In addition, the Standard Minimum Rules on the Treatment of Prisoners establish clearly the obligation to provide inmates with the same standard of health care available in the community. 444. The Rapporteur concludes that Mr. A has not been provided with treatment that protects him from cruel, inhuman and degrading means of dealing with his drug addiction. The Rapporteur welcomes the detailed information received and looks forward to the outcome of the inquiry into alleged torture and ill-treatment, as well as its impact on his prosecutions. (b) JUA 09/12/2013 Case No. RUS 12/2013 State Reply: 29/01/2014 Allegations concerning the case of Mr. Ismon Azimov, a citizen of the Republic of Tajikistan, born in 1979, who had been granted temporary asylum in the Russian Federation and then disappeared in unexplained circumstances. Mr. Azimov was the subject of the final judgment of the European Court of Human Rights dated 9 September 2013, stating that his extradition would give rise to a violation of Article 3 of the European Convention on Human Rights (Azimov v. Russia, Application #67474/11). 445. The Special Rapporteur thanks the Government of the Russian Federation for its reply, dated 29.01.2014, to the present communication. 446. The Rapporteur welcomes the information provided by the Government on an investigation into the whereabouts of Mr. Azimov, as well as the changes made to assure the security of refugees and migrants in Russia. However, he regrets that the Government has failed to provide any substantive information on Mr. Azimov’s fate after his disappearance or to assure the Rapporteur that he has not been extradited back to Tajikistan, in contravention of the decision by the European Court of human Rights. 447. The Rapporteur finds that the Government’s reply does not sufficiently address the concerns raised in the initial communication. The Government fails to cooperate fully and expeditiously with the mandate issued by the Human Rights Council in its resolution 25/23, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 448. In the absence of substantial information to the contrary, the Rapporteur concludes that the Russian Federation is responsible for the disappearance and possible illegal refoulement of Mr. Azimov to Tajikistan, where he faces torture and ill-treatment, in violation of customary international law as codified in article 3 of the CAT, and violated his right to be free from torture and other cruel, inhuman or degrading treatment or punishment. 449. The Rapporteur condemns the illegal extradition and urges the Government of the Russian Federation to rescind it, ensure the return of Mr. Azimov to Russia. Moreover, the 76

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