A/HRC/19/61/Add.4 attention to paragraph 1 of Human Rights Council Resolution 16/23 of 12 April 2011, which “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Based on the information provided, the Special Rapporteur concludes that the rights of Mr. Khazbiev and his brothers under the UN Convention against Torture have been violated, and calls on the Government to undertake a prompt and impartial investigation of the alleged acts of torture, to provide full redress, and to ensure that any evidence against the victims obtained under torture is inadmissible. (f) JUA 15/04/2011 Case No. RUS 4/2011 State reply: 01/06/2011 Alleged detention of asylum-seeker at risk of extradition. 136. The Special Rapporteur thanks the Government of the Russian Federation for its reply, dated 1 June 2011, to this communication in reference to the alleged detention of Mr. Nizomnhon Juraev, an asylum seeker at risk of extradition to Tajikistan, where it is alleged that he will be tortured. In its reply, the Government indicated that at the time of submission the case of Mr. Juraev was on a cassation appeal before “the highest court of the Russian Federation” following a ruling by the Moscow municipal court of 12 April 2011 to extradite him. The Government additionally stated that the present communication does not fall within the mandate of the Special Rapporteur as the named party “has not been subjected to torture during his detention (in Russia).” In this respect, the Special Rapporteur reminds the Government of the Russian Federation of article 3 of the Convention against Torture, which provides that no State party shall expel, return (refouler), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. This obligation is reaffirmed in paragraph 9 of General Comment 20 of the Human Rights Committee and paragraph 9 of the Resolution A/RES/61/253 of the UN General Assembly. The Special Rapporteur also draws the attention of the Government to article 3 of the Convention against Torture, which provides that no State party shall expel, return (refouler), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. The Special Rapporteur draws the attention of the Government to paragraph 16 of the Resolution A/RES/65/205 of the UN General Assembly which urges States “not to expel, return (“refouler”), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture, and recognizes that diplomatic assurances, where used, do not release States from their obligations under international human rights, humanitarian and refugee law, in particular the principle of non-refoulement.” The Special Rapporteur also recalls that paragraph 7(d) of Human Rights Council Resolution 16/23 of 12 April 2011 urges States “[n]ot to expel, return (refouler), extradite or in any way transfer a person to another state where there are substantial grounds for believing that the person would be in danger of being subjected to torture.” The Special Rapporteur urges the Government of the Russian Federation to take all necessary measures to guarantee that the rights and freedoms of Mr. Juraev are respected and, if investigations support or suggest the allegations to be correct, to adopt effective measures to prevent Mr. Juraev's extradition. 60