CCPR/C/123/D/2189/2012
by its own law”). The same idea is found in the European Convention on Extradition (see
article 22: “Except where this Convention otherwise provides, the procedure with regard to
extradition and provisional arrest shall be governed solely by the law of the requested
Party”). The same applies to provisional arrest pending extradition, which is also to be
decided according to the law of the requested State (see article 62 (2) of the Minsk
Convention, article 9 (3) of the Model Treaty on Extradition and articles 16 (1) and 22 of
the European Convention on Extradition).
7.
Article 109 (2) and (3) of the Russian Code of Criminal Procedure allows for the
extension of the author’s provisional arrest for a period of 6 months (“If it is impossible to
complete the preliminary investigation within a term of up to two months and if there are
no grounds for changing or for cancelling the measure of restriction, this term may be
extended by the judge of the district court … for a term of up to six months”) up to 18
months. Since extradition proceeding were ongoing, there seemed to be no justifiable
reason to release the author before its conclusion.
8.
Even if we accept that the extradition request was received after the time limit of one
month following the author’s detention, the natural consequence of expiration of this delay
would be the release of the author (see article 62 of the Minsk Convention) and then, once
the extradition request had been received, he would be rearrested (see article 60 of the
Minsk Convention and article 109 of the Russian Code of Criminal Procedure), in line with
relevant international instruments (article 9 (5) of the Model Treaty on Extradition and
article 16 (5) of the European Convention on Extradition), without any need for a
substantive assessment of detention, as required by the Committee (see paragraph 9.9
above). I would therefore have concluded that article 9 of the Covenant was not violated.
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