CAT/C/47/D/428/2010
extradition based on the principle of reciprocity according to which, under Moroccan law,
criminals may be extradited in the absence of an agreement.
4.3
In the extradition request, the Russian authorities reported that Mr. Kalinichenko had
published a false statement on the Internet in which he claimed to be a successful negotiator
on the international currency markets who had been working on the foreign exchange
market for some time. He proposed to an unspecified number of people that he would
manage their funds, on which they would earn over 80 per cent in interest. A number of
investors sent him their funds, which the complainant misappropriated by fraud, deception
and breach of trust. The amount misappropriated was some 700 million Russian roubles,
the total amount paid to him by the victims of these acts.
4.4
The extradition request was accompanied by an undertaking from the Russian
authorities that Mr. Kalinichenko’s rights to a defence, including to the assistance of
lawyers, would be guaranteed when he was on Russian soil, in accordance with the
principles of international law. In addition, they pledged that he would not be subjected to
torture or degrading treatment, in accordance with article 3 of the European Convention for
the Protection of Human Rights and Fundamental Freedoms and the United Nations and
Council of Europe Conventions and related protocols. Moreover, they undertook that he
would be able to leave the Russian Federation once the initial search and investigation
procedure was concluded or, should he be convicted, once he completed his sentence.
4.5
Having considered the extradition request and heard Mr. Kalinichenko’s defence,
presented by his lawyers, the Criminal Chamber of the Supreme Court issued decision
No. 262/1 on 10 March 2010 approving his extradition. Once the judicial extradition
procedures are completed, the Government of Morocco can issue a decree authorizing his
extradition to the Russian authorities.
4.6
The State party notes that when Mr. Kalinichenko appeared before the Crown
Prosecutor at the Tangiers Court of First Instance and before the Criminal Chamber of the
Supreme Court, neither he nor his defence had previously mentioned the likelihood that he
would be subjected to torture or harsh or inhumane treatment if he were extradited to the
Russian authorities. The State party submits that the complainant was granted all legal and
judicial safeguards before the Government decree authorizing his extradition was issued.
The Moroccan authorities found no evidence that he would be subjected to torture if he
were extradited. The decision to extradite him to the authorities in his country was made in
the context of respect for the law and for the fundamental principles of human rights, which
are at the core of the agreements that Morocco has ratified, and consequently the Moroccan
authorities are unwilling to accept the author’s appeal against his extradition to the Russian
authorities.
The complainant’s comments on admissibility
5.1
On 22 November 2010, the author submitted his comments on the State party’s
observations on admissibility. The author submits further factual information to his case.
The complainant claims that he has been falsely accused by the Russian authorities of
swindling and embezzlement of 200 million roubles (about US$ 6.5 million) by carrying
out fraudulent operations affecting around 600 Russian residents. He explains that when he
got access to the bank’s internal information in early 2006, he discovered that money was
missing and that this money was used to gain control over the companies of his three
business partners, now deceased. He notes that on 7 November 2006, contrary to the
internal legislation, the Ministry of Interior, instead of the competent court or the Ministry
of Justice, issued an international arrest warrant against him. In response to the charges
against him, the complainant has submitted various documents explaining the supposed
conspiracy around his case and how charges have been fabricated. He further argues that
his signature has been forged, as documents, whereby he became the General Director of
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