Published on 30 September 2024
THIRD SECTION
Application no. 3729/21
Y.M. against Russia
and 5 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 September 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed table, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 3 of the Convention relating to risk of torture in case of removal to the destination country which are the subject of well-established case law of the Court (see Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022, K.I. v. Russia, no. 58182/14, 7 November 2017 and Mamazhonov v. Russia, no. 17239/13, 23 October 2014).
APPENDIX – STATEMENT OF FACTS
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 risk
Other relevant information
Relevant case-law
Other complaints under well‑established case‑law
3729/21*
24/12/2020
Y.M.
1994
Kirill Zharinov
Moscow
Moscow City Court,
14 May 2018
Tajikistan
Detention pending expulsion 19/04/2018-15/07/2022
Removed to Tajikistan on 15/07/2022
Khlaifia and Others v. Italy [GC], no. 16483/12, §§ 89‑91, 15 December 2016
25969/21*
05/07/2021
S.M.
1991
Daria Vladimirovna Trenina
Moscow
Moscow Regional Court,
10/06/2021
Tajikistan
Religious persecution
Removed to Tajikistan on 31/05/2022 despite the interim measure indicated on 08/06/2021.
Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022;
K.I. v. Russia, no. 58182/14, 7 November 2017;
Mamazhonov v. Russia, no. 17239/13, 23 October 2014
27939/21*
03/06/2021
M.M.
1974
Kirill Zharinov
Moscow
Kirovskiy District Court of Yekaterinburg,
24/05/2021
Uzbekistan
Religious persecution
On 27/05/2021 before the removal decision entered into force the applicant was transferred to Uzbekistan. According to his account the removal happened by force and against his will. According to the authorities he was removed at his own request (the tickets were bought by the unknown persons in Uzbekistan and the flight had only 2 passengers on board).
The applicant currently serves his sentence in Uzbekistan. On 06/03/2024 he confirmed his wish to pursue the proceedings despite certain previous statements to the contrary (allegedly made under the pressure from the Uzbek authorities).
Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022,
Mamazhonov v. Russia, no. 17239/13, 23 October 2014
50989/21*
19/10/2021
V.D.
1990
Denis Yuryevich Reva
Belgorod
First Appellate Court,
21/10/2021
Belarus
Political persecution
Arrested on 13/04/2021 pending extradition, released from detention on 04/04/2022
Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022
52017/21*
25/10/2021
R.B.
1969
Kirill Zharinov
Moscow
Moscow Regional Court,
02/11/2021
Tajikistan
Religious and political persecution
Removed to Tajikistan on 31/05/2022 despite the interim measure indicated on 02/11/2021.
Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022;
K.I. v. Russia, no. 58182/14, 7 November 2017;
Mamazhonov v. Russia, no. 17239/13, 23 October 2014
787/22*
06/12/2021
N.T.
1994
Olga Pavlovna Tseytlina
St Petersburg
Third Cassation Court,
04/02/2021
Kyrgyzstan
Detention pending expulsion 18/02/2020-01/03/2022.
Released on 01/03/2022.
Khlaifia and Others v. Italy [GC], no. 16483/12,
§§ 89-91,
15 December 2016
Art. 5 (1) (f) - Lawful arrest / detention/for deportation / expulsion