22
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
added that the applicants had been visited in prison in Uzbekistan by two
officials from the Turkish embassy whom they had informed that they had
not been subjected to ill-treatment either before or after their trial.
64. The Government argued that Article 3 was not to be construed in a
way that would engage the extraditing State's responsibility indefinitely.
The State's responsibility should end once the extradited person had been
found guilty and had started to serve his or her sentence. It would be
straining the language of Article 3 intolerably to hold that by surrendering a
suspect in accordance with the terms of an extradition agreement, the
extraditing State had subjected him to the treatment or punishment he
received after his conviction and sentence in the receiving State. Such a
decision would interfere with rights under international treaties and conflict
with the norms of international judicial process, as it would entail
adjudication on the internal affairs of foreign States that were not Parties to
the Convention. There was a risk that it would cause serious harm to the
Contracting State by restricting its ability to cooperate in the fight against
international terrorism and organised crime.
3. Third-party interveners
65. Human Rights Watch and the AIRE Centre referred to the repression
of independent Muslims in Uzbekistan at the material time; in particular,
they said that close relatives of the applicants' co-accused had been
subjected to torture and political prisoners had died as a result of illtreatment received in Uzbek prisons. Furthermore, in view of the political
situation obtaining in Uzbekistan and the lack of effective judicial
supervision of the security forces, the assurances that had been obtained
from the Uzbek government did not constitute a sufficient guarantee for the
applicants.
C. The Court's assessment
1. The relevant principles
66. The Contracting States have the right, as a matter of well-established
international law and subject to their treaty obligations, including the
Convention, to control the entry, residence and expulsion of aliens. The
right to political asylum is not contained in either the Convention or its
Protocols (see Vilvarajah and Others v. the United Kingdom, judgment of
30 October 1991, Series A no. 215, p. 34, § 102).
67. It is the settled case-law of the Court that extradition by a
Contracting State may give rise to an issue under Article 3, and hence
engage the responsibility of that State under the Convention, where
substantial grounds have been shown for believing that the person in
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