CCPR/C/113/D/2192/2012
review of the appeal against a decision not to grant refugee status does not have automatic
suspensive effect on deportation and extradition proceedings, despite the fact that such
suspensive effect is foreseen by the law.
6.4
The author further contests the State party’s submission regarding the absence of
information in the Russian courts about his appeal against the refusal to grant him refugee
status (see para. 5.4 above). He submits that information regarding the outcome of his
appeal and the text of the decision were posted on the web page of the Basmansky District
Court9 and the decision of the Moscow City Court following the appeal of that decision
were posted on the website of that court. 10
6.5
The author further maintains that, both during the extradition proceedings and
during the refugee status determination proceedings, he had presented sufficient evidence to
confirm his fear that in case of forcible return he would be subjected to torture or other
prohibited treatment. He submits that the refugee determination procedure was conducted
pro forma and that during the extradition proceedings his submissions were not examined at
all, since, in the ruling ordering his extradition, there was no mention of any analysis of the
above. The author further refers to the judgement of the European Court in Yakubov v.
Russia, where, in a similar case, the European Court had ruled that, in holding that the
applicant had failed to furnish “indisputable evidence” of the risk of ill-treatment, the
Russian Court “had placed on him a disproportionate burden of proving the existence of a
future event and had therefore, in practice, deprived him of an opportunity to obtain a
meaningful examination of his claim”.11
6.6
The author further refers to the 2012 report of the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment on his mission to Kyrgyzstan
(see A/HRC/19/61/Add.2, paras. 27–29, 46–47, 55 and 79), and maintains that in
Kyrgyzstan there is no effective system for ensuring protection against torture, no
investigations of torture allegations ever take place and perpetrators enjoy impunity.
Therefore, he maintains that there are no grounds to expect that the requirements of the
Covenant will be respected in his case.
State party’s further observations on the admissibility and merits
7.1
On 6 June and 16 July 2014, the State party submits that, on 4 October 2011, the
Office of Procurator General of the Russian Federation received from the Office of the
Procurator General of Kyrgyzstan an extradition request for the author dated 29 September
2011. The State party details the criminal charges listed in the extradition request. It further
submits that the author was arrested on 14 September 2011 on the basis of an inter-State
arrest warrant issued by Kyrgyzstan. Upon being arrested, he was advised of his rights.
During the initial interrogation, the author stated that he was wanted by the Kyrgyz
authorities on criminal charges and was not subjected to persecution related to political
9
10
11
8
The author submits a printout of the decision downloaded from the website of the Bamsansky
Regional Court, available from
http://basmanny.msk.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=r&delo_id=154
0005&case_type=0&new=0&G1_PARTS__NAMESS=&G1_CASE__CASE_NUMBERSS=23516%2F2012&delo_table=G1_CASE&G1_CASE__ENTRY_DATE1D=&G1_CASE__ENTRY_D
ATE2D=&G1_CASE__ORIGIN_DATE1D=&G1_CASE__ORIGIN_DATE2D=&G1_CASE__JUD
GE=&G1_CASE__RESULT_DATE1D=&G1_CASE__RESULT_DATE2D=&G1_CASE__RESUL
T=&G1_EVENT__EVENT_NAME=&G1_EVENT__EVENT_DATEDD=&G1_PARTS__PARTS_
TYPE=&G1_DOCUMENT__PUBL_DATE1D=&G1_DOCUMENT__PUBL_DATE2D=&G1_CAS
E__VALIDITY_DATE1D=&G1_CASE__VALIDITY_DATE2D=&Submit=%CD%E0%E9%F2%E8.
Available from http://mos-gorsud.ru/.
Yakubov v. Russia (application No. 7265/10), judgement of November 2011, para. 99.