MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
21
B. The parties' submissions
1. The applicants
58. The lawyers representing the applicants said that at the time of the
latter's extradition there were substantial grounds for believing that their
return to Uzbekistan would result in their being subjected to treatment
proscribed by Article 3. In that connection, they denounced the poor
conditions and use of torture in Uzbek prisons.
59. In support of their allegations, they referred to reports by
“international investigative bodies” in the human rights field denouncing
both an administrative practice of torture and other forms of ill-treatment of
political dissidents, and the Uzbek regime's repressive policy towards
dissidents.
60. They stated that the applicants had denied the charges in the
extradition proceedings in Turkey and adduced relevant evidence in their
defence. Accordingly, the fact that the applicants, who were denied the right
to legal assistance from a lawyer of their choosing, had fully admitted the
same charges to the Uzbek authorities showed that they had been forced
through torture and ill-treatment to “confess” to crimes they had not
committed.
2. The Government
61. The Government maintained that in extradition proceedings Article 3
should only apply in cases in which it was certain that the prohibited
treatment or punishment would be inflicted in the requesting State and in
which the person concerned had produced strong evidence that substantial
grounds existed for believing that he or she faced torture or ill-treatment.
62. The Government observed that the applicants had been extradited
after assurances had been obtained from the Uzbek authorities. Those
assurances included an undertaking not to impose the death penalty and to
ensure that the applicants would not be subjected to torture or ill-treatment
or be liable to confiscation of their property generally. The Uzbek
authorities had given an assurance that the Republic of Uzbekistan, which
was a party to the United Nations Convention against Torture, accepted and
reaffirmed its obligation to comply with the requirements of that convention
both as regards Turkey and the international community as a whole.
Furthermore, the reports of the human rights organisations did not contain
any information to support the allegations of treatment contrary to Article 3.
63. The Government noted that the applicants, who had been charged
with acts of terrorism, had been sentenced by the Uzbekistan Supreme Court
to twenty and eleven years' imprisonment respectively and that their trial
had been attended by some eighty people, including officials from the
Turkish and other embassies and representatives of Helsinki Watch. They
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