appeals pursuant to Chapters 47.1 and 48.1 of the CPC,74 this procedure does not have
automatic suspensive effect and, in practice, lawyers rarely seek such an appeal in
extradition proceedings.75
VII. Rights of suspects following extradition to Kyrgyzstan
International human rights authorities, including this Court, have consistently expressed
profound concern at the Kyrgyzstan authorities’ failure to respect the prohibition of
torture or other ill-treatment with regard to persons of Uzbek ethnic origin “charged
with a number of serious offences allegedly committed in the course of the violence of
June 2010.”76 The Court has identified people falling into this situation as a “particularly
vulnerable group”77 routinely subjected to treatment contrary to article 3 ECHR.
For example, in the recent case of U.N. v Russia, this Court held that expulsion of an
ethnic Uzbek applicant to Kyrgyzstan would lead to refoulement in violation of article 3
ECHR “given the attested widespread and routine use of torture and other ill-treatment
by law-enforcement agencies in the southern part of Kyrgyzstan …, the impunity of lawenforcement officers, and the absence of sufficient safeguards for the applicants in the
requesting country.”78 In R v Russia, decided earlier in 2016, the Court affirmed that
such transfers “ought to be seen in the context of the rise of ethno-nationalism in the
politics of Kyrgyzstan, particularly in the south, the growing inter-ethnic tensions
between Kyrgyz and Uzbeks, the continued discriminatory practices faced by Uzbeks at
an institutional level and under-representation of Uzbeks in, amongst other areas, lawenforcement bodies and the judiciary.”79 These findings are echoed by the April 2016
Country Report on Human Rights Practices of the US State Department, stating that
“[d]espite widespread acknowledgement of torture by government officials and the
establishment of governmental bodies to monitor and fight torture, authorities
investigated or prosecuted very few cases of alleged torture.”80
The case of Azimjan Askarov, a human rights defender of Uzbek ethnicity sentenced to
life imprisonment for the alleged murder of a police officer in the midst of the violent
events of 2010, evidences the gravity of the violations of human rights against ethnic
Uzbek defendants. In 2012, the ICJ published a detailed report on the case which
concluded that Azimjan Askarov had been “subject to multiple violations of his
internationally protected human rights [to a level amounting to] a manifest violation of
the right to a fair trial as protected by Article 14 ICCPR, and … likely to give rise to a
denial of justice.”81 The ICJ found that consistent allegations of torture of Mr Askarov
74
The appeal court's ruling (определение суда) can be challenged in cassation to the Judicial Collegium of the Supreme
Court of Russia (Article 355 (2(3)) of the CPC)
75
Opinion expressed by Eleonor Davidyan, lawyer of the project "Right to Asylum" of the Institute for Human Rights, Russian
Federation, in an interview with the ICJ.
76
See, as example, the reference in Tadzhibayev v. Russia, Application no. 17724/14, 1 December 2015, para. 43;M R. v
Russia, Application no. 11916/15, 26 January 2016, para. 56; Azimjan Askarov v. Kyrgyzstan, CCPR, Communication no.
2231/2012, UN Doc. CCPR/C/116/D/2231/2012, 31 March 2016.; CCPR, Concluding Observation on Kyrgyzstan, UN Doc.
CCPR/C/KGZ/CO/2, paras. 14-15; CAT, Concluding Observations on Kyrgyzstan, UN Doc. CAT/C/KGZ/CO/2 , paras. 5-8.
77
Tadzhibayev v. Russia, Application no. 17724/14, 1 December 2015, para. 43.
78
U.N. v Russia, Application no. 14348/15, 26 July 2016, para. 38. See also, for recent cases, Tadzhibayev v. Russia,
Application no. 17724/14, 1 December 2015, paras. 42-43, 46; R. v Russia, Application no. 11916/15, 26 January 2016,
paras. 56, 62. See also Khamrakulov, cited above, § 65; Mamadaliyev v. Russia, no. 5614/13, § 60, 24 July 2014;
Kadirzhanov and Mamashev, cited above, § 91; Gayratbek Saliyev, cited above, § 61; and Makhmudzhan Ergashev v. Russia,
no. 49747/11, §§ 71-73, 16 October 2012.
79
R. v Russia, Application no. 11916/15, 26 January 2016, para. 55.
80
US State Department, Country Report on Human Rights Practices 2015 - Kyrgyzstan, April 2016, available at
http://www.refworld.org/country,,,,KGZ,,5716124b10,0.html . See also the reports of Amnesty International, Report on
Kyrgyzstan 2015-2016, available at https://www.amnesty.org/en/countries/europe-and-central-asia/kyrgyzstan/reportkyrgyzstan/ ; and Human Rights Watch, World Report 2016 – Kyrgyzstan, available at https://www.hrw.org/worldreport/2016/country-chapters/kyrgyzstan .
81
International Commission of Jurists, Report on the arrest, detention and trial of Azimzhan Askarov, Geneva, 2012, para
265, available at http://www.icj.org/icj-report-kyrgyz-human-rights-defender-azimzhan-askarov-victim-of-severe-illtreatment-and-unfair-trial/.
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