CAT/C/54/D/538/2013 in Tashkent on 16 February 1999, all Muslim men from the complainant’s village were taken by the police officers of Beshkent and questioned about their religious affiliation. According to the complainant, the surveillance and questioning by the police lasted until 2004. On 7 April 2004, the officials of the National Security Service arrested the complainant, beat him and questioned him about his religious education. After one month, he was indicted for criminal conspiracy and association with Al-Qaida. On 20 October 2004, the Qashqadarinsky Regional Court of Uzbekistan sentenced him to 12 years in prison for religious extremism in conspiracy with 18 people whom he alleges that he did not know. On 2 February 2005, he was released under a general amnesty act. However, he continued to receive daily visits from a district police officer, which stopped after he complained to the National Security Service. In March 2005, the complainant was asked by the Beshkent Office of the Procurator to withdraw his complaint. The complainant refused and as a result the district police office started summoning him every month and questioning him about his activities and which mosque he attended. The summons continued until 2009. In August 2009, the complainant was approached by three prostitutes in front of the police. He was immediately arrested, accused of violating the honour of the women and, on the next day, sentenced to 10 days of deprivation of liberty. Until his release on 2 September 2009, officers of the National Security Service beat him and enquired about other followers of Islam. On 15 September 2009, the complainant fled Uzbekistan to escape constant harassment by the authorities. He went first to the Russian Federation, where a representative of the non-governmental organization (NGO) Memorial advised him to seek asylum with the Office of the United Nations High Commissioner for Refugees (UNHCR) in Kazakhstan. After the complainant left Uzbekistan, his wife was questioned about his whereabouts by the National Security Service and had to flee the country. In November 2009, she joined him in Almaty with their three underage children. In 2012, she was charged with illegal exit from Uzbekistan. 2.2 Upon arrival to Kazakhstan, on an unspecified date, the complainant applied for asylum with UNHCR and the Committee on Migration of Kazakhstan. The complainant does not provide information on the decision that UNHCR took on his application, contending that he cannot recall it. In October 2010, the Committee on Migration rejected his application. The complainant did not appeal, allegedly not being aware of such a possibility. 2.3 In a resolution of 24 February 2012 of the Office of the Procurator General of Uzbekistan, the complainant was indicted of committing crimes in Uzbekistan under six articles of the Criminal Code, including terrorism; incitement to national or religious hatred; illegal establishment of a religious organization; and establishment, management and participation in a religious, extremist, separatist, fundamentalist or other illegal organization. The complainant was put on a wanted list. His arrest was ordered by the Qarshi Court in Uzbekistan on the same date. On 7 April 2012, he was detained in Aktobe, Kazakhstan. In a letter dated 27 April 2012, the Uzbek Office of the Procurator General sent an extradition request to the Kazakh Office of the Procurator General regarding the complainant. The complainant’s detention for the purpose of extradition was extended on 9 April 2012, 3 May 2012, 1 September 2012, 25 December 2012 and 18 January 2013. 2.4 On 25 October 2012, the First Deputy Procurator General of Kazakhstan granted the extradition request of the Office of the Procurator General of Uzbekistan on the basis of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (the Minsk Convention) of 1993. The complainant appealed this decision before the Aktobe City Court No. 2. On 25 December 2012, the extradition decision was confirmed by that Court. On 3 January 2013, the complainant filed an appeal with the Aktobe Regional Court, which was rejected on 18 January 2013. In his appeals, the complainant argued that the criminal charges against him in Uzbekistan were fabricated and that he would risk torture if extradited. Before the appellate instance court, he also claimed that the proceedings in the 3

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