CCPR/C/116/D/2193/2012
extradited to Kyrgyzstan. He was also guaranteed the right to complain about any breach of
his rights; no such complaints were received, however. According to the author, he arrived
in the State party in March 2010, where he wanted to live permanently, and did not know
the reasons for which he was wanted by the Kyrgyz authorities. In addition, he denied any
persecution on political or other grounds. The Office of the Prosecutor General carefully
assessed the author’s claims concerning the possible risk of being subjected to ill-treatment
upon extradition to Kyrgyzstan. During his apprehension (no exact date specified), the
author was asked, in the presence of his counsel, whether he was being persecuted for
political or any other reason and why he had left Kyrgyzstan. The State party reiterates that
the author did not apply for asylum upon arrival to the State party; he applied only after the
extradition proceedings had begun. It also notes that the author’s claim that he risks being
subjected to torture and other ill-treatment upon extradition was also examined by the
Moscow Department of the Federal Migration Service and later, on appeal, by the Federal
Migration Service. The State party submits that the author appealed the decision of the
Federal Migration Court, but that the decision was upheld by the Court of Basman District
on 2 November 2012. That Court’s judgment was upheld by the Moscow Regional Court.
6.4
The State party notes that, when examining decisions concerning a person’s
extradition, the State party’s courts also consider claims concerning the possibility that a
person may be subjected to torture by the authorities of the country requesting extradition.
It notes that there have been cases when extradition decisions have been quashed, with
reference, in particular, to article 3 of the Convention for the Protection of Human Rights
and Fundamental Freedoms (European Convention on Human Rights).4 The State party also
submits that, when taking a decision concerning the author’s extradition, the Office of the
Prosecutor General did not establish grounds for believing that his rights would be breached
upon extradition.
6.5
With regard to the counsel’s reference to the jurisprudence of the European Court of
Human Rights, the State party notes the case of Latipov v. Russia,5 on a deportation to
Tajikistan. In that case, the Court did not find a violation of the applicant’s rights under
article 3 of the European Convention of Human Rights and concluded that the general
human rights situation in a country may not be the sole ground for forbidding the
extradition of an individual. The Court also noted the need to obtain guarantees from the
State requesting the extradition that would facilitate establishing diplomatic mechanisms,
including those permitting access by observers and making it possible to control, in an
objective manner, the observance of the extradited individual’s rights.
6.6
The State party submits that the Office of the Prosecutor General, together with the
Ministry of Foreign Affairs, have established a mechanism that makes it possible to verify
the observance of extradited persons’ rights, inter alia, by allowing diplomatic officials to
visit places of deprivation of liberty. Within the framework of that mechanism, the State
party notes that its Office of the Prosecutor General has received from its Kyrgyz
counterpart further assurances that the State party’s diplomatic officials will be able to visit
the author in his place of detention and verify the respect of his rights. Within this
verification mechanism, the State party currently receives, on a regular basis, information
from the Office of the Prosecutor General of Kyrgyzstan concerning the fate of individuals
of Uzbek and other nationalities who have been extradited for criminal prosecution. That
information does not demonstrate that the Kyrgyz authorities are violating the rights of
those extradited, including those belonging to minorities, to not be subjected to any kind of
4
5
8
The State party refers to a decision dated 23 March 2011 of the Novosibirsk Regional Court and to a
decision dated 18 May 2011 of the Supreme Court concerning one Zh.M.A.
Latipov v. Russia (application No. 77658/11), European Court of Human Rights, judgment of
12 December 2013.