CCPR/C/113/D/2192/2012
religion, that he would not be subjected to torture or other cruel or degrading treatment and
that his right to defence would be ensured.
7.5
The State party also submits that, after the author’s extradition, an investigation
revealed that he had participated in more crimes and that the Office of the Procurator
General of Kyrgyzstan requested and received, on 13 August 2013, the permission of the
Russian Federation to bring additional charges against him. The State party notes that the
author is accused of common crimes and not of participation in the mass riots that took
place in June 2010 and that he is of Kyrgyz ethnicity.
7.6
The State party also submits that the author filed an appeal against the 28 February
2012 decision of the Moscow Department of the Federal Migration Service almost two
months later, on 20 April 2012 and that the appeal against the 8 June 2012 decision of the
Federal Migration Service was filed only on 4 September 2012. The State party maintains
that the above shows that the author was deliberately extending the duration of the
proceedings. The State party also submits that the appeal against the 8 June 2012 decision
of the Federal Migration Service was rejected on 19 October 2012 and that the above
decision entered into force on 20 November 2012. The author’s lawyer had missed the
deadline for appeal of that decision and she applied for its restoration; her application was
granted on 29 November 2012. The procurator’s office was not notified of the restoration of
the deadline, because it was not a party to those proceedings. Further, on 22 January 2013,
the Moscow City Court rejected the appeal against the 19 October 2012 decision.
7.7
The State party refers to the European Court’s judgement in the case of Latipov v.
Russia,13 in which the Court stated that the general human rights situation in a country may
not be the sole ground to forbid the extradition of an individual, but that the individual
claiming that he or she is at risk of torture must present further evidence. The State party
maintains that the author had not presented evidence that he or his family had been
subjected to cruel treatment and that the information it had regarding the criminal
prosecutions against him between 2006 and 2010 do not show that the Kyrgyz justice had
been harsh and unjust, nor that there were violations of the pretrial investigation procedure.
7.8
The State party further submits that the Office of the Procurator General of
Kyrgyzstan provided additional guarantees for the rights of the author, namely the
possibility for diplomatic representatives of the Russian Federation to visit him in the
places of detention in order to control that his rights are respected. According to
information from the Office of the Procurator General of Kyrgyzstan at the time of the State
party’s submission the author was detained in Holding Facility No. 1 in Bishkek and that he
had not filed any complaints regarding unlawful methods of investigation. He was to be
tried in the Ysyk-Ata District Court in the Chuisk region. Furthermore, the Ministry of
Foreign Affairs of the Russian Federation organized a verification of whether the rights of
the author had been respected by the Embassy of the Russian Federation in Kyrgyzstan.14
Issues and proceedings before the Committee
Non-respect of the Committee’s request for interim measures
8.1
The Committee notes that the State party extradited the author although his
communication had been registered under the Optional Protocol and a request for interim
measures of protection had been addressed to the State party in this respect. The Committee
13
14
10
Latipov v. Russia (application No. 77658/11), European Court of Human Rights, judgement of
12 December 2013.
The State party does not provide the date of the verification, the names of who participated in it or its
findings.