CCPR/C/116/D/2193/2012 he would not be tried or convicted for crimes not included in the initial extradition request and that, after the end of the criminal proceedings and after having served his sentence, he would be free to leave Kyrgyzstan. The Office of the Prosecutor General of Kyrgyzstan gave assurances that the criminal prosecution against the author had no political motivation and was not related to his race or religion, that he would not be subjected to torture or other cruel or degrading treatment or punishment and that his right to defence would be ensured. The State party notes that it is not aware of any facts that would demonstrate violations of these assurances. 4.5 Furthermore, the author’s claim that he would be subjected to ill-treatment in Kyrgyzstan was also examined by the Moscow Department of the Federal Migration Service during his asylum proceedings. In that regard, the State party notes that, on 26 March 2012, the Department rejected the author’s appeal, finding that the author had not presented sufficient information to substantiate his fear that he would be persecuted in Kyrgyzstan on grounds of ethnicity, religion, citizenship, nationality, social group or political opinions. The author appealed this decision before the Federal Migration Service, which rejected his appeal on 6 June 2012. 4.6 The State party notes that the author is accused in Kyrgyzstan of having committed a crime of a general nature. It further submits that the author applied for asylum only approximately six months after his arrest and almost three months after the date when the decision concerning his extradition had been adopted. 4.7 Finally, the State party notes that, according to article 10 of the Federal Law on Refugees, a person who seeks asylum or who has been recognized as a refugee, or who has lost the status of refugee, or who has been deprived of the status of refugee may not be returned against his or her will to the territory of the State of his or her nationality or of his or her former usual residence. Accordingly, an application by an individual for refugee status or asylum should lead to the suspension of extradition proceedings until a final decision has been taken on the issue of refugee status or asylum. In that regard, it notes that this requirement has been respected in relation to the author, as he has not been extradited and lives in Moscow. For these reasons, the State party maintains that the author has not exhausted all available domestic remedies as required by article 5 (2) (b) of the Optional Protocol. Author’s comments on the State party’s observations 5.1 On 17 March 2015, the author’s counsel submitted that she disagrees with the State party’s arguments. With respect to the State party’s submission that no grounds have been established demonstrating that the author would be subjected to inhuman treatment in Kyrgyzstan, the counsel notes that she has previously described the circumstances of the author’s apprehension in the State party. She reiterates that the author’s brother had been “pressured” in Kyrgyzstan and that he had complained about this to the president of Chechnya. The counsel further notes the State party’s submission that its authorities have forwarded to the Office of the Prosecutor General of Kyrgyzstan, for examination, a copy of her letter concerning the author’s and his brother’s ill-treatment by Kyrgyz law enforcement officials; no information has been provided, however, about the outcome of that examination. As to the State party’s statement that the decision to refuse to initiate criminal proceedings concerning the author’s ill-treatment had been quashed on 10 September 2012 by the Investigative Committee of the Moscow Region, the counsel notes that the State party has submitted neither to the Investigative Committee nor to the counsel any further information in that regard. Therefore, the State party has failed to take any action to investigate the circumstances concerning the author’s arrest or, at least, has failed to inform the author or his counsel about the results of the investigation. 5