Communicated on 26 November 2015
THIRD SECTION
Application no. 48917/15
I.U.
against Russia
lodged on 6 October 2015
STATEMENT OF FACTS
FACTS
The applicant, Mr I.U., is a national of Uzbekistan who was born in 1988. He is currently detained in a remand prison in Moscow. He is represented before the Court by Ms D.V. Trenina, 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 and extradition proceedings in Russia
In 2014 the Uzbek authorities charged the applicant in absentia with membership of several banned religious organisations and the attempted overthrow of the Constitutional order of Uzbekistan. On the same date they issued an international search warrant in respect of the applicant, and the Fergana criminal court ordered that he be placed in detention once arrested.
In December 2014 the applicant was arrested in Moscow.
On 26 December 2014 the Cheremushkinskiy District Court of Moscow ordered him to be detained until 24 January 2015. The term of his detention was subsequently prolonged until 24 June 2015.
On 22 January 2015 the Uzbek authorities issued final charges against the applicant. In particular, he was charged with membership of “Hizb ut‑Tahrir” and the attempted overthrow of the Constitutional order of Uzbekistan.
On 23 January 2015 the Uzbek authorities submitted an extradition request to the General Prosecutor’s Office of the Russian Federation (“the GPO”).
On 21 May 2015 the GPO granted that request.
On 18 June 2015 the City Court upheld the extradition order.
On 13 October 2015 the Supreme Court of the Russian Federation upheld the decision of 18 June 2015.
B. Refugee status proceedings
On 5 June 2015 the applicant applied for refugee status.
On 10 August 2015 the Moscow department of the Federal Migration Service rejected his application.
On 17 September 2015 the applicant appealed against that decision to the Federal Migration Service. Those proceedings are still pending.
COMPLAINTS
The applicant complains under Article 3 of the Convention and under Article 13 in conjunction with Article 3 that he will be exposed to a real risk of torture should he be extradited or otherwise sent back to Uzbekistan because he belongs to a vulnerable group of persons who are 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 to be enforced?
2. In various 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?
3. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 3, as required by Article 13 of the Convention?
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