CCPR/C/116/D/2193/2012 the employees of the Embassy of Kyrgyzstan were demanding bribes to allow them to remain in the country and that he attempted to “take all possible action” against these acts. The author also claimed that he would be subjected to torture upon return. On 26 March 2012, the Moscow Department of the Federal Migration Service rejected his application, finding that his claims lacked credibility and substantiation. It also noted that the author had arrived in the State party on 24 March 2010 but had applied for asylum only in December 2011. On 28 April 2012, the author appealed the decision before the Federal Migration Service. 2.5 On 30 March 2012, the author’s counsel filed a report on his behalf to the Investigative Committee of the Russian Federation concerning the action of the Russian and Kyrgyz law enforcement officials during the author’s apprehension on 19 August 2011. According to the counsel’s report, the author did not want to bring any complaints earlier in that regard as he had feared for his relatives’ well-being in Kyrgyzstan; however, at the time of disclosing this information, they had all left Kyrgyzstan. On 11 May 2012, the Investigative Committee informed the author that an investigation into the allegations was ongoing. 2.6 On 25 May 2012, the author submitted an application to the European Court of Human Rights, with a request for interim measures. On 29 May 2012, the Court informed him that the request had been rejected and that, in the light of the material before it and insofar as the matters complained of were within the Court’s competence, it had found that they did not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. 2.7 The author was released from the detention on 19 August 2012, when the maximum permissible period for detention was reached. The complaint 3.1 The author maintains that, should he be returned to Kyrgyzstan, in violation of his rights under article 7 of the Covenant, he would be arrested and subjected to torture in order to make him confess to committing crimes. He submits that he has been previously tortured and been hospitalized as a result. In support of his claim, he submits that in August 2011 his brother was arrested by the Kyrgyz authorities, that he was accused of being the author’s accomplice and that he was tortured in order to make him confess to committing crimes and reveal the author’s whereabouts. The author’s brother was released after their mother had paid a bribe to the police, and sought refuge with relatives in Chechnya. In this regard, the brother complained to the president of Chechnya on 17 April 2012. The author also refers to sources describing the systematic use of torture by the police in Kyrgyzstan. 3.2 The author further submits that he was ill-treated during his apprehension on 19 August 2011 by Kyrgyz and Russian law enforcement officials. State party’s observations on admissibility and the merits 4.1 On 9 April 2014, the State party noted that, pursuant to the Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases, on 25 August 2011 the Office of the Prosecutor General of Kyrgyzstan requested the author’s extradition in order to prosecute him for crimes committed under article 167 of the Criminal Code of Kyrgyzstan. The author had been previously convicted for different crimes, including theft and extortion, and was accused of having openly stolen, together with others, 1,000 United States dollars from one A.A. in June 2008. The author’s actions are also punishable under article 161, paragraph 2 (a), of the Criminal Code of the Russian Federation with imprisonment for more than one year. Statutory limitations were not applicable under Kyrgyz or Russian criminal legislation. The State party further notes that a copy of the 3

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