S.S. and B.Z. v. Russia: Extradition to Tajikistan and Uzbekistan in violation of Convention

Date: 
Tuesday, June 11, 2019

On 11 June 2019, the ECtHR released its ruling in the case of S.S. and B.Z. v. Russia (application nos. 35332/17 and 79223/17). The Court found that extradition of the applicants to Tajikistan and Uzbekistan, where they were charged with political and religious crimes, would be in violation of the Convention.

The Court held that the applicants had consistently and specifically argued that they had been persecuted for religious extremism in their countries of origin, where they were accused of religiously and politically motivated crimes. The Tajik and Uzbek authorities had therefore identified the applicants as part of groups whose members have previously been found to be at real risk of being subject to ill-treatment.

The Court found that the Russian authorities had at their disposal sufficient information to indicate a real risk of ill-treatment in the applicants’ countries of origin and held that they had failed to rigorously scrutinize the applicants’ claims. The Court ruled that there would be a violation of Article 3 if the applicant in B.Z. v. Russia were to be removed, and that there has been a violation of Article 3 in the case of S.S. v. Russia in his removal to Tajikistan.

The Court further found a violation of Article 3 with regard to the detention conditions of S.S., and a violation of Article 5 § 4 regarding the excessive length of appeals for detention orders. With regard to B.Z. and with reference to its own recent case law, the Court found a violation under Article 5 § 4 regarding the lack of procedure for review of the lawfulness of his detention.

The Court lastly found a violation of Article 34 for the Russian authorities’ failure to comply with their obligations under Rule 39 of the Rules of the Court on interim measures. It held that the Representative of the Russian Federation to the European Court of Human Rights was duly notified of the interim measure at least twenty-four hours before the applicant’s extradition.


This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

 

                                                     

 

Keywords: 
Inhuman or degrading treatment or punishment
Political Opinion
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