ABDULAZHON ISAKOV v. RUSSIA - 14049/08 [2010] ECHR 1070 (8 July 2010)

ABDULAZHON ISAKOV v. RUSSIA - 14049/08 [2010] ECHR 1070 (8 July 2010)

The Court found that extraditing the applicant to Uzbekistan would violate Article 3 of the Convention because there was credible evidence of a real risk of torture or inhuman or degrading treatment, and diplomatic assurances from Uzbekistan were insufficient to mitigate this risk. The applicant's detention pending extradition violated Article 5 § 1 because it was not authorised by a Russian court for part of the period, and violated Article 5 § 4 because the applicant was denied effective and speedy judicial review of his detention.

Citation
[2010] ECHR 1070
Parties
Applicant: Abdulazhon Isakov; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
08 July 2010
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits
Outcome
Application allowed; violations found
Legal Topics
Extradition, Prohibition of Torture, Right to Liberty, Judicial Review of Detention, Non Refoulement, Diplomatic Assurances
Human Rights Law International Law Criminal Procedure Extradition Prohibition of Torture Right to Liberty Judicial Review of Detention Non Refoulement +1 more

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Parties

Abdulazhon Isakov

Applicant

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits

Legal Issues

  1. 1 Whether the applicant's extradition to Uzbekistan would violate Article 3 of the Convention due to risk of torture or ill-treatment
  2. 2 Whether the applicant's detention pending extradition violated Article 5 §§ 1 and 4 of the Convention

Ratio Decidendi

The Court found that extraditing the applicant to Uzbekistan would violate Article 3 of the Convention because there was credible evidence of a real risk of torture or inhuman or degrading treatment, and diplomatic assurances from Uzbekistan were insufficient to mitigate this risk. The applicant's detention pending extradition violated Article 5 § 1 because it was not authorised by a Russian court for part of the period, and violated Article 5 § 4 because the applicant was denied effective and speedy judicial review of his detention.

Court Disposition

Application allowed; violations found

Orders

  • The Russian Federation must not extradite the applicant to Uzbekistan.
  • The Russian Federation must pay the applicant EUR 10,000 in respect of non-pecuniary damage.