Communicated on 16 September 2019
THIRD SECTION
Applications nos. 56751/16 and 33762/17
Hamzat SHIKSAITOV against Slovakia
and Hamzat SHIKSAITOV against Slovakia
lodged on 22 September 2016 and 27 April 2017 respectively
SUBJECT MATTER OF THE CASE
The applicant was provisionally arrested and subsequently taken into detention pending extradition on the suspicion of having committed the crime of terrorism in Russia. The application concerns:
1. alleged violation of the applicant’s right to liberty on account of an alleged unlawfulness of the provisional arrest and subsequent detention of the applicant who was previously granted refugee status in Sweden (Article 5 § 1 (f)), and
2. alleged violation of the applicant’s right to seek compensation under Article 5 § 5 of the Convention as a consequence of his unlawful detention; in this respect, he complains also under Article 13 of the Convention that he did not have an effective remedy on account of the absence of any remedy under the domestic law enabling him to claim such compensation as his detention was not found unlawful at the national level.
QUESTIONS tO THE PARTIES
1. Has the provisional arrest and subsequent detention pending extradition of the applicant been in compliance with Article 5 § 1 (f) of the Convention?
In particular, has the deprivation of the applicant’s liberty been “in accordance with a procedure prescribed by law” in the view of his refugee status previously granted in Sweden?
2. Having regard to the requirements of Article 5 § 5 and Article 13 in conjunction with Article 5 § 1 (f) of the Convention, has the applicant had at his disposal an effective and enforceable remedy to claim compensation for his detention allegedly in breach of Article 5 § 1 (f) of the Convention?
The parties are requested to submit all documents in support of their replies.
Application no 56751/16
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Representative
1
Hamzat SHIKSAITOV
1982
Russian
Kosice
I. Rajtáková
Application no 33762/17
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Representative
1
Hamzat SHIKSAITOV
1982
Russian
Kosice
I. Rajtáková
Full & Egal Universal Law Academy