CAT/C/70/D/915/2019
underscores irrelevant facts and minimizes the gravity of the human rights situation in the
Russian Federation. The complainant finds it outrageous that, even though the State party’s
population has been exposed to persecution in the Russian Federation, including the death
and subjection to inhuman and degrading treatment of thousands of Georgian nationals in
2006, followed by the killings of hundreds of civilians and the burning of their dwellings in
2008, the State party praises the Russian authorities and the human rights situation in the
Russian Federation.
6.5
The complainant asserts that, in assessing whether there are substantial grounds for
believing that a person would face a real risk of a violation of article 3 of the Convention
upon extradition, the Committee must take into account the human rights situation in the
receiving State as a whole. 19 Where sources describe a general situation, the specific
allegations in a particular case require corroboration by other evidence. 20 The complainant
reiterates that his extradition would result in such a risk, given the general human rights
situation in the Russian Federation and the extremely poor detention conditions there. He
submits that the Georgian authorities have failed to assess this risk.
6.6
The complainant refers to reports according to which the human rights situation in the
Russian Federation is deteriorating, the Government of the Russian Federation has tightened
control over free expression and assembly and local security and police officers have
subjected prisoners to harsh and life-threatening detention conditions, enforced
disappearances, abuse and torture, including during the transport of prisoners, with the tacit
blessing of the central Government.21 In July 2018, a video was published of penitentiary
staff in Yaroslavl viciously beating a prisoner.22 In August 2018, data were published on more
than 50 other torture cases, whose alleged perpetrators included police, investigators, security
agents and penitentiary officials. 23 The role and effectiveness of the public oversight
commissions, which are independent mechanisms for monitoring places of detention, was
eroded through underfunding, reductions in membership and arbitrary denials of access to
penitentiary facilities. 24 Thus, given the alarming structural deficiencies in the Russian
penitentiary system, including torture and ill-treatment, there are sufficient grounds to believe
that the complainant would be at risk of torture upon extradition.
6.7
Regarding the assurances given by the Russian authorities, domestic laws and
accession to human rights treaties are not enough to ensure adequate protection against a risk
of ill-treatment, given reliable reports of practices in prisons resorted to or tolerated by the
Russian authorities that contravene the Convention. Moreover, the assurance that the
complainant will not be subjected to torture is not specific, as it does not state in which prison
he would be accommodated.
6.8
The complainant reiterates the facts as presented by him (see para. 2.1) and his claims
(see paras. 3.4–3.5) and adds a written statement dated 17 August 2017 from the Chairperson
of the Public Observance Committee of Moscow on the activities and conviction of the
complainant in the Russian Federation. He submits that, according to the statement, the
Prosecutor of Obninsk had declared that there were no concerns or questions about the
complainant, but that he had to assist the Federal Security Service in disclosing the bribetaking by the Deputy Prosecutor of Obninsk. Likewise, the complainant had testified in court
that Federal Security Service officers had confirmed that there were no allegations against
him.
19
20
21
22
23
24
General comment No. 4 (2017), para. 46; Uttam Mondal v. Sweden (CAT/C/46/D/338/2008), para.
7.4.
European Court of Human Rights, Mamatkulov and Askarov v. Turkey, para. 73.
Human Rights Watch, “Russia”; Human Rights Watch, “Russia: bleak year for human rights”, 17
January 2019; Amnesty International, “Russian Federation”; Amnesty International, “Russian
Federation 2017/2018”; United States of America Department of State, “Russia 2018 human rights
report”.
Human Rights Watch, “Russia: events of 2018”. Available at www.hrw.org/worldreport/2019/country-chapters/russia.
Ibid.
Ibid.
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