CCPR/C/113/D/2192/2012
status determination procedure was ongoing with regard to the author and requested that the
Committee reiterate the interim measures request. 3
4.2
On 10 January 2013, the author’s counsel informed the Committee that, on 16
December 2012, the latter had been deported to Kazakhstan, where he was detained for five
days in Petropavlovsk and then sent to Taraz with a view to his being handed over to the
Kyrgyzstan authorities. Counsel submitted that she was not aware of the author’s
whereabouts at the time of her submission. She submitted that he had been deported despite
the Committee’s interim measures request and despite the fact that the refugee status
determination proceeding had not been finalized. The appeals hearing against the decision
to deny the author refugee status had been scheduled for 14 January 2013 before the
Moscow City Court. Counsel further submits that she received a letter from the Senior
Procurator from the extradition department of the General Directorate for International
Legal Cooperation of the Office of the Procurator General, dated 17 January 2012, stating
that, with regard to the interim measures requested by the Committee on 22 August 2012,
the Committee has the right only to communicate to the State its observations regarding the
desirability of such measure and that the Office of the Procurator General is not aware of
any obstacles to the extradition of the author to Kyrgyzstan. The counsel submitted an
appeal concerning the above letter to the Procurator General, but did not receive a response.
State party’s observations on admissibility and merits
5.1
On 29 March 2013, the State party submits that, on 25 June 2012, the Moscow City
Court issued a judgement confirming the 24 March 2012 ruling of the Deputy Procurator
General, which ordered the extradition of the author to Kyrgyzstan. On 15 August 2012, the
criminal division of the Supreme Court confirmed the Moscow City Court decision upon
appeal.
5.2
On 19 October 2012, the Basmansky District Court in Moscow rejected the author’s
appeal against the decision of the Federal Migration Service to deny him refugee status. On
22 January 2013, the civil division of the Moscow City Court reviewed the author’s appeal
against the 19 October 2012 judgement, rejected the appeal and confirmed the first instance
judgement. Accordingly, the first instance judgement entered into force. As at 8 February
2013, the author had not filed any requests for a supervisory review of the 25 June 2012
judgement of the Moscow City Court.
5.3
According to the Office of the Procurator General of Kyrgyzstan, at the time of the
submission the author was detained in the pretrial detention centre No. 1 in Bishkek.
Kyrgyzstan had presented to the State party additional guarantees that officials of the
Russian diplomatic service would have the opportunity to visit the author in the places of
his detention in order to control the respect of his rights.
5.4
On 2 October 2013, the State party submits that the author had been arrested on
14 September 2011, based on an extradition request from Kyrgyzstan. On 24 March 2012,
the Deputy Procurator General issued a ruling for the author’s extradition to Kyrgyzstan.
The State party reiterates its previous submission regarding the appeals against that ruling.
It further submits that, on 28 February 2012, the author’s request for asylum was rejected
by the Federal Migration Service. The State party submits that it has no information
regarding appeals against that decision.
3
On 15 November 2012, the Committee reiterated its request to the State party not to extradite the
author to Kyrgyzstan pending consideration of his communication.
5