THIRD SECTION
DECISION
Applications nos. 41001/20 and 42214/20
V.K. against Russia and M.A. against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 10 October 2024 as a Committee composed of:
Ioannis Ktistakis, President,
Oddný Mjöll Arnardóttir,
Diana Kovatcheva, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the decision to grant the applicants anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 3, 8 and 34 of the Convention related to the removal proceedings from Russia to the destination countries were communicated to the Russian Government (“the Government”).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).
The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, the applicants’ complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that the applications must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 7 November 2024.
Viktoriya Maradudina Ioannis Ktistakis
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(risk of torture in case of removal to the destination country)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Final removal decision (expulsion or extradition)
Destination country
Nature of the alleged risk
Other relevant information
Relevant case-law
41001/20
01/10/2020
V.K.
1987
Trenina Daria Vladimirovna
Moscow
Fourth Appeal Court, 01/10/2020
Uzbekistan
Political persecution
The applicant is charged in Uzbekistan with a number of economic crimes (fraud, tax evasion).
On 01/10/2020 an interim measure preventing the applicant’s extradition was granted by the Court, it was extended for the duration of the proceedings on 07/10/2020.
On 02/10/2020 the applicant was released from detention pending extradition.
According to the applicant’s representative, the applicant is still in Russia "hiding" from the Russian authorities.
Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022
42214/20
24/09/2020
M.A.
1977
Zharinov Kirill
Moscow
Lipetsk Regional Court, 17/05/2021
Tajikistan
Religious persecution
In 2021 the applicant’s refugee status and temporary asylum applications were dismissed due to lack of evidence demonstrating any real risk of breach of his Art. 3 rights in Tajikistan.
On 28/05/2021 the applicant was deported to Tajikistan, where he was briefly interviewed by the authorities and released. There is no evidence that the applicant is facing any criminal charges or is otherwise a subject of the Tajik authorities’ interest.
Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022