CAT/C/54/D/542/2013 whose evidence served as a basis for the decision; and that the execution of the judgement of 25 April 2002 was time-barred under both Uzbek and Russian law.2 2.5 His appeal was rejected on 18 January 2013. The Court stated, inter alia, that the complainant had not established a link between the persecution of his brother and his own and that, therefore, his argument that he would be persecuted by the Uzbek authorities for being related to a person charged with crimes of a political nature could not be taken into account. As for the claim that his prosecution was connected to the filing of a complaint on behalf of his brother to the Committee, the Court stated that the complainant did not raise this claim in his asylum application of 19 September 2012. On 15 February 2013, the complainant appealed the decision of the Sormovsky District Court to the Regional Court of Nizhny Novgorod. He referred to the international reports confirming the existence of widespread and systematic torture of people persecuted for political opinions and religious beliefs in Uzbekistan.3 The complainant also raised the issue of the unreliability of the assurances provided by the Uzbek authorities.4 The appeal was rejected on 10 April 2013. 2.6 On 11 January 2013, the complainant filed an application for temporary asylum on humanitarian grounds with the Regional Department of the Federal Migration Service in Nizhny Novgorod. The application was rejected on 23 January 2013 on grounds similar to those in the Service’s decision concerning the complainant’s asylum application. The Service also referred to the guarantees provided by the Office of the Procurator General of Uzbekistan to the effect that the complainant would not be prosecuted for political motives or for reasons of race, religion, nationality or political opinion; that he would not be subjected to torture, violence or inhuman or degrading treatment; and that he would be provided with the means to defend himself, including through legal assistance. The Service found that there is no evidence that the complainant would be prosecuted in Uzbekistan on grounds which could give basis for granting him asylum or temporary protection on humanitarian grounds. On 18 February 2013, the complainant appealed to the Sormovsky District Court, which rejected his appeal on 15 March 2013. On 18 April 2013, he appealed to the Regional Court of Nizhny Novgorod but his appeal was rejected on 20 August 2013. 2.7 In the meantime, on 18 September 2012, the Office of the Procurator General of Uzbekistan sent a request to the Office of the Procurator General of the Russian Federation for the complainant’s extradition. On 19 October 2012, the complainant had an interview 2 3 4 4 Counsel refers to article 69, paragraph 1, of the Criminal Code of Uzbekistan, under which the convicted person is released from serving the sentence if the sentence is not executed within 10 years, in cases where the sentence does not exceed 10 years of deprivation of liberty; and to article 78, paragraph 1, of the Criminal Code of the Russian Federation, which sets the time limit of six years for criminal prosecution of offences of medium gravity. Reference was made, inter alia, to the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (see E/CN.4/2003/68/Add.2, paras. 66 and 68) and the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (see A/HRC/13/39/Add.6, paras. 94–98); a report of Amnesty International on the death penalty in Uzbekistan (2003) (available from http://amnesty.org.ru/sites/default/files/2003_Uzb_report_dp.pdf, Russian only); General Assembly resolution 60/174 on the situation of human rights in Uzbekistan; the report of the Secretary-General on the situation of human rights in Uzbekistan (A/61/526); the Committee’s concluding observations on the third periodic report of Uzbekistan (see CAT/C/UZB/CO/3, paras. 6 and 16); and the judgement of the European Court of Human Rights of 24 April 2008, Ismoilov and others v. Russia, application No. 2947/06, paras. 120–123. Reference was made to the interim report of the Special Rapporteur of the Commission on Human Rights on torture and other cruel, inhuman or degrading treatment or punishment (see A/60/316, paras. 30–32, 51 and 52); and the judgement of the European Court of Human Rights, Ismoilov and others v. Russia, paras. 126–128.