CAT/C/54/D/542/2013
appealed the extradition decision before the Supreme Court. As of 1 June 2013, the
Supreme Court has not rendered its decision on the appeal. As for the complainant’s asylum
proceedings, the State party explains that this part of the complaint falls outside the scope
of article 3 of the Convention and is inadmissible.
4.2
On 19 August 2013, the State party submitted its observations on the merits and
informed the Committee that the complainant was extradited on 14 July 2013, after the
extradition decision of the Office of the Procurator General became final. According to the
State party, the extradition request from the Uzbek authorities related to a criminal offence
committed by the complainant in Uzbekistan and not to crimes of political nature. The
complainant did not produce sufficient arguments to demonstrate that he would be at risk of
torture, inhuman or degrading treatment or punishment, or that he would be persecuted by
the Uzbek authorities on the basis of race, religion, nationality, belonging to a certain group
or based on political opinion. The State party submits that the Committee’s request for
interim measures is not mandatory and that there are no reasons for its implementation,
because the extradition check did not reveal any objective indications of a threat of torture
upon the complainant’s extradition to Uzbekistan. Moreover, the guarantees provided by
the Uzbek authorities are sufficient to prevent such a threat.
The complainant’s comments
5.1
On 24 September 2013, counsel informed the Committee that the complainant was
detained upon extradition in the pretrial detention facility of Fergana. His relatives and
lawyers had no access to him or any information about him. Counsel alleges that the lack of
information about the complainant and absence of communication with him gives reason to
believe that he was subjected to torture and that the Uzbek authorities fell short of
implementing the guarantees provided to their Russian counterparts.
5.2
To the State party’s argument regarding the exhaustion of domestic remedies,
counsel responds that the final decision in extradition proceedings was adopted by the
Supreme Court on 4 June 2013 and that the complainant was extradited on 14 July 2013. As
for the complainant’s asylum proceedings, counsel submits that they are part of the process
initiated with the aim of stopping extradition and are not a separate claim before the
Committee.
5.3
Commenting on the State party’s observations on the merits, counsel submits that,
during his asylum and extradition proceedings, the complainant denied existence of the
criminal sentence and prosecution in Uzbekistan since 2002, and pointed at contradictions
in the documents presented by the Uzbek authorities. Nevertheless, the Russian authorities
failed to consider these concerns or the complainant’s claims about the risk of torture to
which he would be subjected in Uzbekistan. Nor did the State party’s authorities consider
the information from international sources, submitted by the complainant concerning the
widespread and systematic use of torture in Uzbekistan. Instead, they kept referring to the
guarantees presented by the Uzbek authorities.
Additional information by the State party
6.1
On 26 February 2014, the State party informed the Committee that the complainant
had been released from prison on 30 August 2013, having served his sentence, as
communicated by the Office of the Procurator General of Uzbekistan on 24 January 2014.
6.2
The State party reiterated its argument that the complainant had not exhausted
domestic remedies at the moment of submitting the complaint to the Committee. On
30 January 2013, the complainant filed an appeal with the Regional Court of Nizhny
Novgorod against the extradition decision of 15 January 2013, but he did not provide
information on the outcome of that appeal.
6