26
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
B. The extradition proceedings in Turkey
81. The applicants alleged that they had not had a fair hearing in the
criminal court that had ruled on the request for their extradition, in that they
had been unable to gain access to all the material in the case file or to put
forward their arguments concerning the characterisation of the offences they
were alleged to have committed.
82. The Court reiterates that decisions regarding the entry, stay and
deportation of aliens do not concern the determination of an applicant's civil
rights or obligations or of a criminal charge against him, within the meaning
of Article 6 § 1 of the Convention (see Maaouia v. France [GC],
no. 39652/98, § 40, ECHR 2000-X; Penafiel Salgado v. Spain (dec.),
no. 65964/01, 16 April 2002; and Sardinas Albo v. Italy (dec.),
no. 56271/00, ECHR 2004-I).
83. Consequently, Article 6 § 1 of the Convention is not applicable in
the instant case.
C. The criminal proceedings in Uzbekistan
84. The applicants submitted that they had no prospect of receiving a
fair trial in their country of origin and faced a real risk of being sentenced to
death and executed. They argued in that connection that the Uzbek judicial
authorities were not independent of the executive.
85. The applicants' representatives alleged that the applicants had been
held incommunicado until the start of their trial and had not been permitted
representation by a lawyer of their choosing. They said that the depositions
on which the finding of guilt had been based had been extracted under
torture.
86. The Government maintained that the applicants' extradition could
not engage the State's responsibility under Article 6 § 1 of the Convention.
87. Two of the intervening parties, Human Rights Watch and the AIRE
Centre, pointed out that the applicants had been held incommunicado until
their trial started and that, as they had been assigned lawyers by the
prosecutor in charge of the investigation, they had not been able to obtain
representation by a lawyer of their choosing.
88. The Court observes that in Soering (cited above, p. 45, § 113), it
held:
“The right to a fair trial in criminal proceedings, as embodied in Article 6, holds a
prominent place in a democratic society ... The Court does not exclude that an issue
might exceptionally be raised under Article 6 by an extradition decision in
circumstances where the fugitive has suffered or risks suffering a flagrant denial of a
fair trial ...”
89. The Court notes that in the instant case the applicants were handed
over to the Uzbek authorities on 27 March 1999. On 28 June 1999 the
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