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
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