CCPR/C/129/D/2445/2014 material presented by the Prosecutor General’s Office showed that no authorization to travel outside of the colony had ever been issued to the author. 6.4 The Kyrgyz authorities applied no prejudicial attitude against the author, as is shown by the application of three general amnesty acts in his case and the reduction of his sentence; by his transfer from a colony with a strict regime to a colony settlement benefiting from mobility without a convoy; but also by the absence of complaints about the use of physical force or about medical assistance. 6.5 When arrested in Moscow, the author was not registered as a migrant and had no work permit in the Russian Federation. No convincing or truthful information was presented in court that would constitute grounds for believing that, upon return, the author would be subjected to torture or unlawful treatment in the context of his criminal prosecution. 6.6 The State party adds that the court found no grounds for not believing the guarantees presented by the Kyrgyz Prosecutor General’s Office in accordance with the provisions of the Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases. 6.7 On the basis of the above, on 9 April 2014 the Moscow City Court confirmed as lawful and grounded the ruling of the Deputy Prosecutor General of the Russian Federation allowing the author’s extradition. 6.8 On 25 July 2014, the Supreme Court of the Russian Federation, on appeal, confirmed the decision of the Moscow City Court of 9 April 2014, noting that, in accordance with the decision of the Moscow office of the Federal Migration Service of 4 March 2014, the author’s asylum application had been rejected. 6.9 The State party observes that the materials that formed the basis for the decision allowing the extradition contain no information to show that the author faces a personal risk of torture or other cruel, inhuman or degrading treatment upon return. No such information was presented to the court of appeal either. 6.10 Following his extradition from the Russian Federation to Kyrgyzstan, according to information from the Kyrgyz Prosecutor General’s Office, on 3 December 2014, the Osh City Court found the author guilty of abscondment from a place of deprivation of liberty under article 336 (1) of the Criminal Code, and, taking into account the remaining prison term to be served, sentenced him to 2 years and 7 months’ imprisonment in a penitentiary colony with a strict regime. The court took into account the time the author had spent in pretrial detention, amounting to 1 year, 3 months and 8 days. The judgment of 3 December 2014 was not appealed and entered into force. During the investigation and the trial, the author was represented by a lawyer, Ms. D. Neither the author nor his legal counsel filed any complaints whatsoever to the administration of the pretrial detention centre regarding cruel treatment. 6.11 After the completion of his prison term, on 5 January 2015, the author was released, and he left for Tajikistan. 6.12 The State party concludes by noting that there are no grounds for believing that, upon return to Kyrgyzstan, the author was subjected to torture or other cruel, inhuman or degrading treatment or punishment. Issues and proceedings before the Committee Consideration of admissibility 7.1 Before considering any claim contained in a communication, the Committee must decide, in accordance with rule 97 of its rules of procedure, whether it is admissible under the Optional Protocol to the Covenant. 7.2 In accordance with article 5 (2) (a) of the Optional Protocol, the Committee shall not consider any communication from an individual unless it has ascertained that the same matter is not being examined under another procedure of international investigation or settlement. 7.3 The Committee has ascertained that an application on the author’s behalf, including a request for interim measures of protection to stop his extradition from the Russian Federation to Kyrgyzstan, was submitted to the European Court of Human Rights on 25 June 2014. The 6