T.K. and S.R. v. Russia: Extradition of applicants of Uzbek ethnic origin to Kyrgyzstan would not amount to violation of Article 3 ECHR

Date: 
Tuesday, November 19, 2019

On 19 November 2019, the European Court of Human Rights (the Court) delivered its judgment on the extradition of ethnic Uzbeks to Kyrgyzstan.

The applicants, Kyrgyz nationals belonging to the Uzbek ethnic minority, were apprehended and detained upon their arrival to Russia in 2013 and 2014 respectively. The applicants’ extraditions were subsequently ordered due to charges of aggravated misappropriation in the case of T.K. and robbery and murder in the case of S.R. The applicants later applied for international protection due to the risk of ill-treatment and persecution in Kyrgyzstan on the grounds of their ethnic origin. The requests and all subsequent appeals were dismissed.

The Court noted, inter alia, the practical steps taken to eradicate torture within the State and that a general situation of violence would only be of sufficient intensity to create a risk of ill-treatment in extreme cases. The Court was also satisfied by the quality and reliability of the Russian authorities’ assessment of assurances guaranteeing the protection of the applicants in their country of origin. 

It added that significant improvements, in terms of the general situation of violence and ethnic based risks, means that ethnic Uzbeks no longer constitute a vulnerable group facing a specific targeted risk of ill-treatment. This finding is a departure from the Court’s previous findings relating to the extradition of ethnic Uzbeks to Kyrgyzstan. The Court concluded that the extradition of the applicants would not amount to a violation of Article 3 ECHR on the grounds of the general situation or Uzbek ethnic origin.


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 pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

 

Keywords: 
Country of origin information
Inhuman or degrading treatment or punishment
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