During the extradition proceedings, a Vienna court acknowledged that A. was at risk of torture and ill-treatment if returned to Russia, but held that the risk was mitigated because the Russian authorities gave diplomatic assurances that he would be fairly treated.235 According to Amnesty International, the assurances were included in a letter from the Procurator General to the Austrian Ministry of Justice and stated simply: We affirm that according to the norms of international law, all the rights required to present a defense will be available to Mr. A.; and he will not be subjected to torture, cruel, inhuman or degrading treatment or punishment (Article 3 ECHR and equivalent conventions of the United Nations, the Council of Europe and amending protocols).236 The court ordered that A.’s extradition could commence. His lawyers lodged an urgent appeal with the European Court of Human Rights, requesting that the court communicate an order for interim measures enjoining the Austrian authorities from extraditing A. until the court had an opportunity to review his application. Without explanation, the European Court declined to communicate a request for interim measures and A. was extradited to Russia on February 24, 2004. A. is currently in detention in Dagestan. Amnesty International has expressed concern regarding inadequate monitoring of A. post-return.237 The International Committee of the Red Cross has made one visit to A. in detention, but due to its confidentiality policy, cannot reveal its findings.238 Thus, there is no independent, transparent mechanism to ensure that the Russian authorities are complying with the general assurances they proffered. The fact that A.’s appeal on his asylum claim was still pending at the time of his extradition is a troubling feature of this case. According to Austrian asylum law, expulsion and deportation are not permitted during any stage of a pending asylum procedure. The Austrian Ministry of Justice, however, has determined that since the law does not expressly include the word “extradition,” transfers resulting from an extradition procedure in the course of an asylum procedure are permissible. This interpretation runs AUT (retrieved February 28, 2005). See also, ITAR-TASS News Agency, “Russia Obtains Extradition from Austria of Soldiers’ Kidnapping Suspect,” February 24, 2004. 235 The Vienna Higher Regional Court (Oberlandesgericht). 236 Translation provided by Amnesty International Austria. 237 Amnesty International, “Europe and Central Asia: Summary of Concerns in the Region, January-June 2004,” September 1, 2004. 238 ICRC Letter [confirming A.’s registration with the organization and the one visit to him], July 23, 2004, copy on file with Human Rights Watch. 77 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)