During the extradition proceedings, a Vienna court acknowledged that A. was at risk of
torture and ill-treatment if returned to Russia, but held that the risk was mitigated
because the Russian authorities gave diplomatic assurances that he would be fairly
treated.235 According to Amnesty International, the assurances were included in a letter
from the Procurator General to the Austrian Ministry of Justice and stated simply:
We affirm that according to the norms of international law, all the rights
required to present a defense will be available to Mr. A.; and he will not
be subjected to torture, cruel, inhuman or degrading treatment or
punishment (Article 3 ECHR and equivalent conventions of the United
Nations, the Council of Europe and amending protocols).236
The court ordered that A.’s extradition could commence. His lawyers lodged an urgent
appeal with the European Court of Human Rights, requesting that the court
communicate an order for interim measures enjoining the Austrian authorities from
extraditing A. until the court had an opportunity to review his application. Without
explanation, the European Court declined to communicate a request for interim
measures and A. was extradited to Russia on February 24, 2004.
A. is currently in detention in Dagestan. Amnesty International has expressed concern
regarding inadequate monitoring of A. post-return.237 The International Committee of
the Red Cross has made one visit to A. in detention, but due to its confidentiality policy,
cannot reveal its findings.238 Thus, there is no independent, transparent mechanism to
ensure that the Russian authorities are complying with the general assurances they
proffered.
The fact that A.’s appeal on his asylum claim was still pending at the time of his
extradition is a troubling feature of this case. According to Austrian asylum law,
expulsion and deportation are not permitted during any stage of a pending asylum
procedure. The Austrian Ministry of Justice, however, has determined that since the law
does not expressly include the word “extradition,” transfers resulting from an extradition
procedure in the course of an asylum procedure are permissible. This interpretation runs
AUT (retrieved February 28, 2005). See also, ITAR-TASS News Agency, “Russia Obtains Extradition from
Austria of Soldiers’ Kidnapping Suspect,” February 24, 2004.
235
The Vienna Higher Regional Court (Oberlandesgericht).
236
Translation provided by Amnesty International Austria.
237
Amnesty International, “Europe and Central Asia: Summary of Concerns in the Region, January-June 2004,”
September 1, 2004.
238
ICRC Letter [confirming A.’s registration with the organization and the one visit to him], July 23, 2004, copy
on file with Human Rights Watch.
77
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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