E/CN.4/1995/34
page 99
Norway
Urgent appeals
512. The Special Rapporteur transmitted an urgent appeal on 24 August 1994
concerning Iranian nationals Bahlul Karbaly Khalil Moghadami, Mansour
Mohammadi Injeh and Farhad Mohammadi Injeh, who hijacked an Aeroflot plane
over Russian territory on 15 September 1993 and landed in Oslo. The Russian
Federation had requested their extradition in accordance with the Hague
Convention of 1970 on unlawful seizure of aircraft. The Special Rapporteur
was informed that the Norwegian Ministry of Justice had decided on
23 August 1994 to extradite these persons in accordance with the Russian
request.
513. Assuring the Government that he did not wish to prevent those accused
of a serious crime such as hijacking from being brought to justice, the
Special Rapporteur appealed to the Government not to extradite the
above-mentioned individuals, particularly unless it could assure itself and
take measures to ensure that the individuals would not be subjected to such
torturous conditions as existed in some pre-trial detention centres in the
Russian Federation. The Special Rapporteur, having recently undertaken a
mission to the Russian Federation to examine conditions of detention, had
concluded that conditions in certain pre-trial detention centres, such as
Butyrskaya and Matrosskaya Tishina 1 in Moscow, were for certain categories of
prisoners so gross due to overcrowding as to be a detriment to health (see
E/CN.4/1995/34/Add.1). Those detention centres had in fact been described as
inhumane by responsible Russian authorities. In addition, one of the
prisoners suffers from a severe case of post-traumatic stress syndrome as a
result of imprisonment and torture in the Islamic Republic of Iran and had
attempted suicide in a Norwegian prison. In the light of this alleged torture
and of repeated allegations of torture in the Islamic Republic, the Special
Rapporteur also asked that the Government ensure that any extradition to the
Russian Federation not be followed by extradition or deportation to Iran.
514. On 6 October 1994 the Government replied that the extradition decision
by the Ministry of Justice followed a Eidsvoll court of summary jurisdiction
ruling that the criteria for extradition under the Norwegian Extradition Act
had been fulfilled. The ruling had stipulated that, barring exceptional
circumstances, the persons not be re-extradited to a third State. This ruling
was appealed to the Eidsivating High Court and the Supreme Court Appeals
Committee and was dismissed. The Norwegian Ministry of Justice and police had
considered carefully the objections raised by the hijackers as well as the
Government’s international obligations and could not see that the extradition
would contravene its international obligations. The Ministry of Justice
considered it decisive that the aircraft hijacking was an extremely grave
offence which was carefully planned and which put passengers and crew in
danger of their lives. The Norwegian authorities would ask the Russian
authorities for permission to visit the persons after extradition in order to
remain informed about their situation in Russia after they were taken into
custody. The Ministry’s decision was subject to appeal and such an appeal has
been lodged.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents