MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
27
Supreme Court of the Republic of Uzbekistan found Mr Mamatkulov and
Mr Askarov guilty of various offences and sentenced them to twenty and
eleven years' imprisonment respectively (see paragraph 32 above).
90. The Court considers that, like the risk of treatment proscribed by
Article 2 and/or Article 3, the risk of a flagrant denial of justice in the
country of destination must primarily be assessed by reference to the facts
which the Contracting State knew or should have known when it extradited
the persons concerned. When extradition is deferred following an indication
by the Court under Rule 39, the risk of a flagrant denial of justice must also
be assessed in the light of the information available to the Court when it
considers the case (see, mutatis mutandis, paragraphs 75-77 above).
91. The applicants were extradited to Uzbekistan on 27 March 1999.
Although, in the light of the information available, there may have been
reasons for doubting at the time that they would receive a fair trial in the
State of destination, there is not sufficient evidence to show that any
possible irregularities in the trial were liable to constitute a flagrant denial of
justice within the meaning of paragraph 113 of Soering, cited above.
Turkey's failure to comply with the indication given by the Court under
Rule 39 of the Rules of Court, which prevented the Court from obtaining
additional information to assist it in its assessment of whether there was a
real risk of a flagrant denial of justice, will be examined below with respect
to Article 34.
Consequently, no violation of Article 6 § 1 of the Convention can be
found.
III. ALLEGED VIOLATION OF ARTICLE 34 OF THE CONVENTION
92. The applicants' representatives maintained that, by extraditing
Mr Mamatkulov and Mr Askarov despite the measure indicated by the
Court under Rule 39 of the Rules of Court, Turkey had failed to comply
with its obligations under Article 34 of the Convention.
Article 34 of the Convention provides:
“The Court may receive applications from any person, non-governmental
organisation or group of individuals claiming to be the victim of a violation by one of
the High Contracting Parties of the rights set forth in the Convention or the Protocols
thereto. The High Contracting Parties undertake not to hinder in any way the effective
exercise of this right.”
Rule 39 of the Rules of Court provides:
“1. The Chamber or, where appropriate, its President may, at the request of a party
or of any other person concerned, or of its own motion, indicate to the parties any
interim measure which it considers should be adopted in the interests of the parties or
of the proper conduct of the proceedings before it.
2. Notice of these measures shall be given to the Committee of Ministers.
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