10
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
On 19 November 2001 the prisoner attended the prison medical centre complaining
of general weakness and a bout of coughing. ... on examination he was diagnosed as
suffering from acute bronchitis and was prescribed medication ...”
“... Mr Abdurasulovich Askarov was imprisoned on 21 July 2001. He did not
complain of any health problems on arrival. Examinations conducted on 25 July,
30 August and 23 October 2001 did not reveal any pathological symptoms ...”
35. On the basis of lists that had been communicated by the Uzbek
authorities, the Government informed the Court on 16 April 2004 that the
applicants had received a number of visits from close relatives between
January 2002 and 2004.
36. To date, the applicants' representatives have been unable to contact
the applicants.
II. RELEVANT DOMESTIC LAW
A. Criminal law
37. Article 9 of the Criminal Code provides:
“The Turkish State shall not accede to a request for the extradition of an alien by a
foreign country for offences that are political in nature or related thereto.
When called upon to deal with a request by a foreign State for the extradition of an
alien, the criminal court with jurisdiction for the place in which the person concerned
is located shall determine that person's nationality and the nature of the offence.
No request for extradition may be granted if the criminal court finds that the person
concerned is a Turkish national or that the offence is political or military in nature or
related to such an offence.
If the criminal court finds that the person whose extradition is requested is an alien
and that the offence is an ordinary criminal offence, the request for extradition may be
granted by the Government. ...”
B. Extradition
38. Extradition between Turkey and Uzbekistan is governed by the
Agreement for Mutual Assistance in Civil, Commercial and Criminal
Matters between the Republic of Turkey and the Republic of Uzbekistan,
which came into force on 18 December 1997. Under the relevant provision
of that agreement, “Each Contracting Party undertakes to extradite to the
other, in the circumstances and subject to the conditions set out in this
agreement, anyone found in its territory who has been charged with or
found guilty of an offence committed within the jurisdiction of the other
Party”.
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