MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
25
Uzbek government. The terms of the document indicate that the assurance
that “[t]he applicants' property will not be liable to general confiscation, and
the applicants will not be subjected to acts of torture or sentenced to capital
punishment” was given by the Public Prosecutor of the Republic of
Uzbekistan, who added: “The Republic of Uzbekistan is a party to the
United Nations Convention against Torture and accepts and reaffirms its
obligation to comply with the requirements of the provisions of that
Convention as regards both Turkey and the international community as a
whole”. The Government also produced medical reports from the doctors of
the Uzbek prisons in which Mr Mamatkulov and Mr Askarov are being held
(see paragraphs 28 and 34 above).
77. In the light of the material before it, the Court is not able to conclude
that substantial grounds existed at the aforementioned date for believing that
the applicants faced a real risk of treatment proscribed by Article 3.
Turkey's failure to comply with the indication given under Rule 39, which
prevented the Court from assessing whether a real risk existed in the manner
it considered appropriate in the circumstances of the case, must be examined
below under Article 34.
Consequently, no violation of Article 3 of the Convention can be found.
78. Having considered the applicants' allegations under Article 3 (see
paragraphs 71-77 above), the Court finds that it is not necessary to examine
them separately under Article 2.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
79. The applicants complained of the unfairness of the extradition
proceedings in Turkey and the criminal proceedings in Uzbekistan. They
relied on Article 6 § 1 of the Convention, the relevant part of which
provides:
“In the determination of ... any criminal charge against him, everyone is entitled to a
fair ... hearing ... by an independent and impartial tribunal established by law. ...”
A. The Chamber judgment
80. The Chamber found that Article 6 § 1 was not applicable to the
extradition proceedings in Turkey (see paragraphs 80-81 of the Chamber
judgment). As to the criminal proceedings in Uzbekistan, it found that the
evidence produced to it did not establish that the applicants had been denied
a fair trial and that no separate question arose under Article 6 § 1 on this
point (see paragraph 87 of the Chamber judgment).
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