CCPR/C/123/D/2232/2013
months. On 17 January 2013, the Babushkinsky district court rejected the complaint. That
decision was not appealed. The author therefore failed to exhaust the domestic remedies
regarding those claims as well.
Author’s comments on the State party’s observations on admissibility and the merits
5.1
Regarding the issue of the exhaustion of domestic remedies, the author, through
counsel, submits that the remedies must be effective to require exhaustion. When a person
is ordered to be extradited, such an order becomes effective immediately and the author
could have been removed from the Russian Federation at any time. The decision issued by
the Supreme Court on 10 January 2013 became enforceable immediately after its issuance,
and the author was extradited on 15 January 2013. The supervisory review procedure was
therefore not available to the author as an effective remedy.
5.2
As for the assurances that the author would not be tortured if returned to Uzbekistan,
he claims that they cannot serve as sufficient means to prevent the risk of torture.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a communication, the Human Rights
Committee must decide, in accordance with rule 93 of its rules of procedure, whether or not
it is admissible under the Optional Protocol.
6.2
The Committee has ascertained, as required under article 5 (2) (a), of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee notes the author’s arguments under articles 9 and 14 (3) that his
overall detention exceeded the one-year maximum period of detention allowed under
Russian national legislation. It also notes the State party’s claims that the author failed to
exhaust the available domestic remedies as he failed to appeal the decision of the
Babushkinsky district court dated 17 January 2013 (see para. 4.5 above). In the absence of
any pertinent explanation from the author regarding his failure to appeal that decision, the
Committee considers that the author has failed to exhaust domestic remedies regarding his
term of detention, as required by article 5 (2) (b) and finds his claims inadmissible.
6.4
The Committee has also noted the author’s claims that his extradition violated
article 7 of the Covenant. It notes the author’s submission regarding the occurrence of
torture in Uzbekistan. It also notes, however, that the author failed to relate the human
rights situation in Uzbekistan to his personal context. In the absence of any further pertinent
information on file and relying on information provided by the author, the Committee
considers that the author has failed to sufficiently substantiate, for purposes of admissibility,
his allegations. Accordingly, it declares his claims under article 7 inadmissible under article
2 of the Optional Protocol.
6.5
Regarding the author’s claims that his detention was arbitrary, the Committee notes
that the second sentence of paragraph 3 of article 9 requires that the detention in custody of
persons awaiting trial shall be the exception rather than the rule. The author, however,
failed to make a showing that the determination by the courts of the Russian Federation,
including the Supreme Court, that his detention pending extradition was lawful, was
arbitrary. In the circumstances as described by the author, the Committee considers that the
author has failed to sufficiently substantiate for purposes of admissibility his allegations
and finds them inadmissible under article 2 of the Optional Protocol.
7.
The Human Rights Committee therefore decides:
(a)
That the communication is inadmissible under articles 2 and 5 (2) (b) of the
Optional Protocol;
(b)
4
That the decision be transmitted to the State party and to the author.