CAT/C/52/D/475/2011 Uzbek authorities. He submits that applications for refugee status from Uzbek nationals are systematically rejected and that out, of 30 such persons detained in Kazakhstan, 29 were denied refugee status and were extradited on a request from Uzbekistan. The complainant submits that his brother will attempt to appeal the decision if denied refugee status, but that they does not believe that the appeal will succeed, since the Kazakh courts as a rule agree with the position of the Office of the Procurator-General and deny appeals in such cases. 5.2 The complainant urges the Committee to reiterate its request for interim measures to the State party. He points out that, despite the fact that his brother is entitled to file an appeal in the case of denial of refugee status, his brother is kept in detention, the appeal deadlines are very short, he has limited possibilities of filing an appeal, which he is obliged to do through the detention centre administration and he is afraid that he would be extradited immediately. The complainant also submits that, according to non-governmental organization sources, the Kazakh special services illegally handed over at least nine persons to Uzbekistan between May 2005 and August 2007. State party’s additional observations 6.1 On 25 February 2012, the State party reiterated its submission regarding the charges brought by Uzbekistan against the complainant’s brother. It submits that, after the Andijan events, the complainant’s brother moved to the Russian Federation and that he was arrested on 24 July 2011 by the Kazakhstan border police and national security officers, as an international search warrant had been issued for him. The State party also submits that in Kazakhstan, ratified international treaties have priority over domestic legislation. Article 60 of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters requires States parties, on receipt of a request for extradition, to take immediate steps to find and detain the person whose extradition is sought, except when the extradition cannot be made.2 When a country issues a motion for an extradition, the person whose extradition is requested may be taken into custody before the formal extradition request is received. The motion must contain a reference to the detention order or the valid verdict, and an indication that the request for extradition will be presented later.3 A person may be detained without such a motion if there are legal grounds to suspect that he or she has committed an extraditable offence in the territory of the other contracting party.4 6.2 The State party maintains that the complainant’s brother was arrested lawfully, since, on 24 June 2011, the National Security Committee of the West Kazakhstan District received the ruling of the Office of the Procurator-General of Uzbekistan initiating an investigation against him on terrorism charges, dated 20 February 2006. The State party further submits that the complainant’s brother’s arrest was carried out in accordance with article 9 of the International Covenant on Civil and Political Rights and the domestic criminal procedure. On 26 July 2011, the Office of the Procurator-General requested approval from Uralsk City Court for the detention pending extradition of the complainant’s brother. The Court, after holding an open hearing in the presence of the complainant’s brother and the brother’s lawyer, approved the request until 24 August 2011. On 27 August 2011, the Office of the Procurator-General of Kazakhstan received the extradition request from the Office of the Procurator-General of Uzbekistan. On 24 August 2011 and 23 September 2011, Uralsk City Court extended the detention of the complainant’s brother until 24 September 2011 and 24 October 2011 respectively. The Court noted that no decision to extradite the complainant’s brother had been taken by the Office of the 2 3 4 The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters was ratified by the State party on 31 March 1993. Ibid., art. 61, para. 1. Ibid., art. 61, para. 2. 5