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MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
THE LAW
I. ALLEGED VIOLATION OF ARTICLES 2 AND 3 OF THE
CONVENTION
56. The applicants alleged that their extradition to the Republic of
Uzbekistan had breached Articles 2 and 3 of the Convention, which provide:
Article 2
“1. Everyone's right to life shall be protected by law. No one shall be deprived of
his life intentionally save in the execution of a sentence of a court following his
conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this
Article when it results from the use of force which is no more than absolutely
necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.”
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
In view of the facts of the case, the Court will first examine this
complaint under Article 3.
A. The Chamber judgment
57. The Chamber found that the reason it had not been possible for any
conclusive findings of fact to be made was that the applicants had been
denied an opportunity to have additional inquiries made in order to obtain
evidence in support of their allegations under Article 3 of the Convention. It
considered that there was insufficient evidence before it to conclude that
there had been a violation of that provision (see paragraphs 74 and 77 of the
Chamber judgment).
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