Communicated on 11 March 2016
THIRD SECTION
Application no. 55625/15
S.U.
against Russia
lodged on 10 November 2015
STATEMENT OF FACTS
The applicant, Mr S.U., is an Uzbek national who was born in 1985. He is represented before the Court by Mr I.G. Vasilyev, a lawyer practising in Moscow.
The facts of the case, as submitted by the applicant, may be summarised as follows.
A. Criminal proceedings against the applicant in Uzbekistan
The applicant was born and lived in Uzbekistan.
In March 2012 he arrived in Russia from Uzbekistan. Since then he has been living and working in Moscow.
On 10 December 2012 the Uzbek authorities initiated criminal proceedings against the applicant on suspicion of the attempted overthrow of the Constitutional order of Uzbekistan and membership of a banned religious organisation.
On 9 March 2013 the Uzbek authorities charged the applicant with membership of a banned religious organisation, “Tabligchilar”, and issued an international search warrant in his respect.
On 10 March 2013 the Uzbek authorities charged him with terrorism.
On 11 March 2013 the Namanganskiy criminal court (Uzbekistan) ordered that the applicant be placed in detention once arrested.
B. Criminal proceedings against the applicant in Russia
On 21 May 2013 the Orekhovo-Zuyevskiy Town Court in the Moscow Region found the applicant guilty of sale of counterfeit banknotes and sentenced him to two years and six months’ imprisonment. On 3 April 2015 the applicant finished serving his sentence and was released.
C. The applicant’s arrest in Russia and extradition proceedings
On 3 April 2015 the applicant was arrested in Russia on the basis of the international search warrant.
On the same date the Uritskiy Distrit Court, Orel Region, remanded the applicant in custody until 3 June 2015. The applicant’s detention was subsequently extended on several occasions.
On 23 April 2015 the Uzbek authorities submitted an extradition request to the General Prosecutor’s Office of the Russian Federation (“the GPO”).
On 10 July 2015 the GPO granted that request in respect of the terrorism charge and refused the extradition in respect of other charges, on the ground that they were time-barred.
On 25 August 2015 the Orel Regional Court upheld the GPO’s decision to extradite the applicant.
The applicant’s representative appealed against that decision to the Supreme Court of the Russian Federation (“the Supreme Court”) referring to the risk of ill-treatment if the applicant were extradited to Uzbekistan.
On 10 November 2015 the Court applied Rule 39 of the Rules of Court and also granted priority treatment to the applicant’s case.
On 9 December 2015 the Supreme Court dismissed the applicant’s appeal against the decision of 25 August 2015.
COMPLAINTS
The applicant complains under Article 3 of the Convention that he would be exposed to a real risk of torture if extradited or otherwise sent back to Uzbekistan, because he belongs to a vulnerable group which is systematically subjected to ill-treatment in that country.
QUESTIONS TO THE PARTIES
1. Would the applicant face a risk of being subjected to treatment in breach of Article 3 of the Convention if the extradition order were enforced?
2. In the domestic proceedings did the authorities consider the applicant’s claim that he would be exposed to a risk of being subjected to torture or to inhuman or degrading treatment if removed to Uzbekistan?
The Government are requested to provide a copy of the decision of 9 December 2015 of the Supreme Court of the Russian Federation.
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