provide for some monitoring mechanism. However, in extraditions to Central Asian
States, this mechanism is usually limited to monitoring by diplomatic staff of the
sending country and does not envisage the establishment of any independent
monitoring system.35
In the face of the existence of a real risk of torture or other ill-treatment, it has been
the consistent approach of both this Court and UN Treaty Bodies in extradition cases
from the Russian Federation to Central Asian States to refuse to accept as sufficient
safeguards against refoulement mere references to diplomatic assurances, or to the
purported adherence to international treaties prohibiting torture, or to the existence of
domestic mechanisms established to protect human rights.36
In the recent case of Tadzhibayev v. Russia, this Court found that a diplomatic
assurance provided to the Russian Federation by the Kyrgyzstan authorities was not
sufficient to protect against refoulement to face a risk of torture or other ill-treatment,
contrary to article 3 ECHR. The Court found that the Kyrgyzstan authorities had not
“demonstrated the existence of an effective system of legal protection against torture
that could act as an equivalent to the system required of Contracting States. Moreover,
it ha[d] not been demonstrated … that Kyrgyzstan’s commitment to guaranteeing
access to the applicant by Russian diplomatic staff would lead to effective protection
against proscribed ill-treatment in practical terms, as it has not been shown that the
aforementioned staff would be in possession of the expertise required for effective
assessment of the Kyrgyz authorities’ compliance with their undertakings. Nor was
there any guarantee that they would be able to speak to the applicant without
witnesses. In addition, their potential involvement was not supported by any practical
mechanism setting out, for instance, a procedure by which the applicant could lodge
complaints with them or for their unfettered access to detention facilities.”37
V. The use of notices in the CIS region
When issuing an arrest warrant and/or an extradition request for a person suspected to
be outside of the country’s jurisdiction, CIS States can communicate such request via
both Interpol and the ‘Interstate wanted persons database’ operated within the CIS
framework.38
Interpol will transmit the request via its Red Notice system and send it “to all the
Organization’s Members”.39 According to its Constitution, INTERPOL must respect the
Universal Declaration of Human Rights40 and the strict prohibition not “to undertake any
intervention or activities of a political, military, religious or racial character.”41 However,
35
See e.g. Assurances issued by Kyrgyzstan to the Russian Federation in case of Abdilaziz Khamrakulov Khamrakulov v
Russia, no.68894/13 § 69, 16 April 2015; assurances issued by Uzbekistan to Kazakhstan in case of "29 Uzbek refugees"
(Abdusamatov and 28 Others v Kazakhstan, CCPR, 2011).
36
See, X. v the Russian Federation, CAT, Communication no. 542/2013, UN Doc. CAT/C/54/D/542/2013, 30 June 2015;
Rustamov v. Russia, no. 11209/10, 3 July 2012; Umirov v. Russia, no. 17455/11, 18 September 2012, Azimov v Russia, no.
67474/11, § 133, 18 April 2013, Khamrakulov v Russia, op cit; Abdusamatov and 28 Others v Kazakhstan, op cit; Khairullo
Tursunov v Kazakhstan, CAT, Communication No. 538/2013, 2015, para. 9.10.
37
Tadzhibayev v. Russia, Application no. 17724/14, 1 December 2015, para.46.
38
The database allows for exchange of information on wanted suspects and fugitives between CIS countries. It is operated by
the Russian Federation's Federal government agency "The Main Information and Analytical Centre of the Ministry of Interior
of the Russian Federation” within the framework of the CIS Interstate Information Bank (MIB). In late August 2015, Ukraine
announced that it will cease operation of the database on its territory due to Russia's failure to detain and extradite former
Ukrainian president Victor Yanukovich and members of his family.
39
Resolution III/IRPD/GA/2011 (2014), article 1.13.
40
Article 2, INTERPOL Constitution
41
Article 3, INTERPOL Constitution. The scope of this article covers "offences of a predominantly political, racial or religious
character .... even if - in the requesting country - the facts amount to an offence against the ordinary law", Resolution No
AGN/53/RES/7, 2. If some countries do not execute the extradition request based on article 3 of the INTERPOL Constitution,
“this is reported to the other NCBs in an addendum to the original notice indicating that the offender has been released”,
(para 9) but it does not invalidate the request per se. The General Assembly of Interpol identified the following offences as
5