CAT/C/47/D/428/2010 2.6 On 13 October 2009, 14 days prior to the Supreme Court decision, the complainant moved to Morocco and on 16 January 2010, he was arrested in Tangiers and was placed in detention for the purpose of his extradition to the Russian Federation. On 10 March 2010, the Supreme Court of Morocco authorized the complainant’s extradition, despite the lack of any bilateral or multilateral agreement. The complainant was detained waiting for the final decision by the Minister of Justice, against which, however, he would not have any effective remedy. He further feared that he would not be informed in a timely fashion of the Minister of Justice’s decision. Media information stated that the State party was willing to extradite the complainant and that they were preparing his hand-over. The complaint 3.1 The complainant submits that if extradited to the Russian Federation, he would be exposed to a real risk of being subjected to torture in breach of article 3, of the Convention. He refers to the Committee’s concluding observations on the fourth periodic report of the Russian Federation, which speaks of numerous, ongoing and consistent allegations of acts of torture committed by law enforcement personnel, including in police custody, and the insufficient level of independence of the Procuracy, in particular due to the problems posed by the dual responsibility for prosecution and for oversight of the conduct of the investigations (CAT/C/RUS/CO/4, paras. 9 and 12). In 2003, the European Committee for the Prevention of Torture found that it received a disturbing number of allegations of physical ill-treatment by members of the police. It further noted that the investigating officers were fully aware of the ill-treatment and acquiesced in it. The complainant submits that in the light of the specific background of his criminal proceedings, he has a wellfounded fear to believe that he would be exposed to torture or even killed in prison or outside with the consent or acquiescence of the Russian authorities, if extradited to the Russian Federation. 3.2 The complainant further submits that the existence of a personal risk to his life is substantiated, inter alia, by the fact that his three business partners, who had reported the facts to the judicial authorities on the unlawful attempt by the organized crime group to acquisition their companies, died or disappeared shortly after their reports. 3.3 The complainant also underlines that his well-founded fear has been acknowledged by the Office of the United Nations High Commissioner for Refugees (UNHCR) representative in Rabat, who clearly stated that if extradited to the Russian Federation, the complainant would be exposed to a real risk of torture in breach of article 3. State party’s observations on admissibility 4.1 On 24 September 2010, the State party submitted its observations on the admissibility indicating that the author failed to exhaust domestic remedies. The State party explained that under Act No. 90-41 establishing administrative tribunals pursuant to Dahir No. 225 of 22 Rabi` I 1414 (10 September 1993) and, in particular, article 9 thereof, the Moroccan legislature granted the Administrative Chamber of the Supreme Court jurisdiction over first instance and final decisions concerning requests to overturn organizational and individual decisions of the Prime Minister on grounds of abuse of power. In accordance with article 109 of the Committee’s rules of procedure (CAT/C/3/Rev.4), the State party requested that the complaint be declared inadmissible. 4.2 On 17 January 2010, the complainant was taken into temporary detention by the Moroccan authorities, based on an international arrest warrant issued by the Russian judicial authorities, for the misappropriation of large sums of money by means of deception and breach of trust on a broad scale. The complainant was brought before the Crown Prosecutor at the Tangiers Court of First Instance, who notified him of the authority under which he had been detained. The Russian authorities submitted an official request for his 5