CCPR/C/113/D/2192/2012 views. Following the arrest of the author, Kyrgyzstan confirmed its intention to request extradition and transmitted a detention order for the author, issued on 16 August 2011 by the Ysyk-Ata District Court, Kyrgyzstan. On 15 September 2011, the Butyrsky Interregional Procurator Office ordered the author’s detention on remand pending extradition. The legal basis for the arrest and detention of the author was article 61 of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and on articles 108 and 466 of the Code of Criminal Procedure. Upon being arrested, the author was notified of his rights, including his right under article 46 of the Code to lodge complaints against the actions or the lack of action and decisions of the court and of the procurator. 7.2 The State party submits that, in accordance with article 125 of the Code of Criminal Procedure, the author had the opportunity to appeal before a court the measure of restraint chosen against him, but he did not do so nor did he appeal the extensions of the detention.12 Under article 109 of the Code, the detention of individuals accused of especially serious crimes may not exceed 18 months. The decision to extradite the author was taken by the Office of the Procurator General on 29 March 2012, six months and 15 days after his initial arrest. Of all the decisions to extend the detention, the author appealed only the 7 September 2012 decision of the Moscow City Court to extend the detention up to 18 months. Accordingly, the State party submits that the author’s claims under article 9 of the Covenant should be declared inadmissible under article 5 (2) (b) of the Optional Protocol for failure to exhaust the domestic remedies. The State party further submits that the criminal division of the Moscow City Court confirmed the 7 September 2012 decision of the Moscow City Court upon appeal by a ruling of 10 October 2012. 7.3 The State party also submits that the author appealed the 29 March 2012 decision of the Office of the Procurator General to extradite him before the Moscow City Court and that the latter rejected the appeal on 25 June 2012. On 15 August 2012, the criminal division of the Supreme Court confirmed the Moscow City Court decision upon cassation appeal. The State party maintains that the risk that the author will be subjected to torture upon return had been thoroughly assessed by the Office of the Procurator General prior to ordering his extradition. In order to verify the author’s submission that he had been prosecuted illegally and subjected to torture, the Office of the Procurator General requested information from the Office of the Procurator General of Kyrgyzstan. The State party submits that the author had been subjected to criminal prosecution on three occasions for various crimes and that neither the author nor his lawyers had submitted any complaints regarding torture in Kyrgyzstan. The State party further maintains that the author’s claims were thoroughly verified by the Federal Migration Service in the course of the refugee status determination procedure and that the latter rejected his refugee status application. 7.4 The State party further submits that, prior to the extradition, the Office of the Procurator General of Kyrgyzstan provided guarantees that the author’s prosecution would be conducted in strict compliance with the Code of Criminal Procedure and the international obligations of Kyrgyzstan, that he would not be handed over to a third State without the prior agreement of the Russian Federation or tried or convicted for crimes not included in the initial extradition request and that, after the end of the criminal proceedings and serving his sentence, he would be allowed to freely leave the territory of Kyrgyzstan. The Office of the Procurator General of Kyrgyzstan gave assurances that the criminal prosecution against the author had no political motivation and was not related to his race or 12 The State party submits that the detention of the author had been extended by the courts on 7 November 2011 and 11 March, 4 May, 11 July and 7 September 2012. 9