MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT 25 Uzbek government. The terms of the document indicate that the assurance that “[t]he applicants' property will not be liable to general confiscation, and the applicants will not be subjected to acts of torture or sentenced to capital punishment” was given by the Public Prosecutor of the Republic of Uzbekistan, who added: “The Republic of Uzbekistan is a party to the United Nations Convention against Torture and accepts and reaffirms its obligation to comply with the requirements of the provisions of that Convention as regards both Turkey and the international community as a whole”. The Government also produced medical reports from the doctors of the Uzbek prisons in which Mr Mamatkulov and Mr Askarov are being held (see paragraphs 28 and 34 above). 77. In the light of the material before it, the Court is not able to conclude that substantial grounds existed at the aforementioned date for believing that the applicants faced a real risk of treatment proscribed by Article 3. Turkey's failure to comply with the indication given under Rule 39, which prevented the Court from assessing whether a real risk existed in the manner it considered appropriate in the circumstances of the case, must be examined below under Article 34. Consequently, no violation of Article 3 of the Convention can be found. 78. Having considered the applicants' allegations under Article 3 (see paragraphs 71-77 above), the Court finds that it is not necessary to examine them separately under Article 2. II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION 79. The applicants complained of the unfairness of the extradition proceedings in Turkey and the criminal proceedings in Uzbekistan. They relied on Article 6 § 1 of the Convention, the relevant part of which provides: “In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an independent and impartial tribunal established by law. ...” A. The Chamber judgment 80. The Chamber found that Article 6 § 1 was not applicable to the extradition proceedings in Turkey (see paragraphs 80-81 of the Chamber judgment). As to the criminal proceedings in Uzbekistan, it found that the evidence produced to it did not establish that the applicants had been denied a fair trial and that no separate question arose under Article 6 § 1 on this point (see paragraph 87 of the Chamber judgment).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents