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
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