ECtHR decision in Bakoyev v. Russia (no. 30225/11) [Articles 3 and 5 ECHR]

Friday, October 4, 2013

The applicant is an Uzbek national who was arrested in Moscow in June 2010 and placed in custody with a view to his extradition to Kyrgyzstan. He was released one year later, but then placed in custody again pending his extradition to Uzbekistan where he was wanted on fraud charges. An asylum claim he had filed was rejected in May 2011. Mr. Bakoyev alleged that, if extradited to Uzbekistan, he would face risk of ill-treatment and unfair trial. He also complained about his two detention periods pending extradition on account of their unlawfulness and excessive length. The ECtHR found a violation of Article 5 (right to liberty and security), but ruled that there would be no violation of Article 3 if the applicant were extradited to Uzbekistan (he had not been extradited following an indication of the Court under Rule 39).  The Court acknowledges the generally alarming human rights situation in Uzbekistan. However, the reference to a general problem concerning human rights is normally insufficient to bar extradition and in previous cases the Court had established that the human rights situation in Uzbekistan was not serious enough to call for a total ban on extradition. In the present case, the applicant did not belong to any religious or political group and had made no reference to previous personal experiences of persecution or ill-treatment in Uzbekistan, either before the Court or in national proceedings. His only argument in support of his allegation was a reference to the common practices of human rights violations in Uzbekistan, without alleging any individual circumstances to substantiate his fears. The Court indicated to the Russian government that under Rule 39, it was desirable not to extradite the applicant until the judgment becomes final or until further order.

For the full text of the judgement, visit the ECtHR's website

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Individual threat
Inhuman or degrading treatment or punishment
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