MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT –
JOINT PARTLY DISSENTING OPINION
47
subjected to ill-treatment is not of itself a sufficient safeguard where doubts
exist as to its effective implementation (see, for example, Chahal, cited
above, p. 1861, § 105). The weight to be attached to assurances emanating
from a receiving State must in every case depend on the situation prevailing
in that State at the material time. The evidence as to the treatment of
political dissidents in Uzbekistan at the time of the applicants' surrender is
such, in our view, as to give rise to serious doubts as to the effectiveness of
the assurances in providing the applicants with an adequate guarantee of
safety.
11. The same applies to the majority's reliance on the fact that
Uzbekistan was a party to the Convention against Torture. In this regard we
note, in particular, the finding of Amnesty International that Uzbekistan had
failed to implement its treaty obligations under that convention and that,
despite those obligations, widespread allegations of ill-treatment and torture
of members of opposition parties and movements continued to be made at
the date of the applicants' arrest and surrender.
12. As to the medical reports from the doctors at Zarafshan and Şayhali
Prisons, we would draw attention to the fact that these very brief and
unspecific reports followed medical examinations apparently carried out in
December 2000 and April 2001 (in the case of the first applicant) and
between July and October 2001 (in the case of the second applicant), that is
at least twenty-one months after the extradition of the applicants and some
eighteen months after their trial and conviction. In so far as any regard may
be had to events occurring after the extradition had taken place, we can
attach very little weight to these reports which cast no light on the treatment
received by the applicants in the intervening period and, more particularly,
in the period leading up to their trial. Certainly, evidence as to the
applicants' physical integrity so long after the events in question cannot in
our view be relied on as refuting the well-foundedness of the applicants'
fears at the time of their extradition.
13. For these reasons we consider that substantial grounds have been
shown for believing that the applicants faced a real risk of ill-treatment and
that, in returning the applicants despite this risk, Article 3 of the Convention
has been violated.
Article 6
14. While the Court has not to date found that the expulsion or
extradition of an individual violated, or would, if carried out, violate Article
6 of the Convention, it has on frequent occasions held that such a possibility
cannot be excluded where the person being expelled has suffered or risks
suffering a flagrant denial of a fair trial in the receiving country (see, for
example, Soering, cited above, p. 45, § 113; Drozd and Janousek v. France
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