CCPR/C/116/D/2193/2012
counsel’s report concerning the actions of the Kyrgyz law enforcement officials in relation
to the author and his brother was sent to the Office of the Prosecutor General of
Kyrgyzstan, for investigation.
4.2
The State party submits that the author was apprehended on its territory on 19
August 2011. During his apprehension, the author was informed of his rights. On the same
date, the Prosecutors’ Office of the Moscow Region in Solnechnogorsk decided to detain
the author as a measure of restraint. On 26 September 2012, the author’s detention was
prolonged. On both occasions, he was told that he had a right to appeal those decisions;
however, neither the author nor his counsel appealed. Furthermore, from the moment of his
apprehension on 19 August 2011, the author was provided legal assistance. In this regard,
the State party notes that no complaint was made by either the author or his lawyers about
the actions of the law enforcement officials during apprehension or during the extradition
proceedings. The State party notes that, upon receiving information from the counsel about
the alleged unlawful actions during the author’s apprehension, the Investigation Department
of the Investigative Committee of the Moscow Region in Solnechnogorsk examined the
allegations at issue and, on 25 June 2012, decided to refuse to initiate criminal proceedings.
In order to verify the lawfulness of that refusal, the materials of the examination were sent
to the Head Office of the Investigative Committee for review. On 10 September 2012, the
Investigative Committee quashed the decision of 25 June 2012. The State party observes
that the author’s counsel submitted the claims about the unlawful actions during the
author’s apprehension eight months after the apprehension and five months after the
adoption of the decision with respect to the author’s extradition. The State party submits
that this fact demonstrates that the author’s counsel attempted to unjustifiably delay the
adoption of a decision on the issue of the author’s extradition. Consequently, the State party
maintains that the author was provided with an effective remedy, making it possible for him
to appeal any decision during the extradition proceedings.
4.3
The Office of the Prosecutor General of the Russian Federation examined the
extradition request and decided to satisfy it on 14 November 2011. The State party notes
that the author appealed this decision before the Moscow Regional Court, which rejected
the appeal on 3 April 2012. Thereafter, the author appealed to the Supreme Court, which
quashed the Regional Court’s decision on 30 May 2012. The Supreme Court noted that the
Regional Court had not requested the Office of the Prosecutor General to submit its
considerations regarding the changes in the time of the crime with which the author had
been charged in Kyrgyzstan. Consequently, on 14 June 2012, the Deputy Prosecutor
General authorized the extradition request, taking into account the period when the crime at
issue had been committed. On 11 July 2012, the author’s appeal was again rejected by the
Regional Court. Thereafter, the Regional Court’s decision was upheld by the Supreme
Court on 22 August 2012. The State party submits that the author was released from
detention on 19 August 2012, when the maximum permissible period for his detention had
been reached. In this regard, the State party reiterates that neither the author nor his counsel
ever appealed against the decisions to keep the author detained.
4.4
In the light of the above, the State party submits that, in order to reach a decision
concerning the author’s extradition, all the necessary verification and examination measures
were taken. With respect to the real risk of being subjected to cruel, inhuman or degrading
treatment or punishment in Kyrgyzstan, the State party considers as unfounded the author’s
claim that he would be subjected to treatment contrary to article 7 of the Covenant in
Kyrgyzstan. In this regard, it notes that Kyrgyzstan, a State Member of the United Nations,
has ratified the main international human rights treaties, including the Covenant. The State
party further submits that the Office of the Prosecutor General of Kyrgyzstan provided
assurances that the author’s prosecution would be conducted in strict compliance with the
Criminal Procedure Code and the international obligations of Kyrgyzstan, that he would not
be handed over to a third State without the prior agreement of the Russian Federation, that
4