Постановление Европейского суда по правам человека от 29.07.2010 <Дело Каримов (Karimov) против России» [англ.]

. On 25 September 2008 the applicant was informed of the extradition order. He appealed against it to the Supreme Court of Mari-Al. Referring to the case-law of the European Court of Human Rights, the applicant stated that he was being sought by the Uzbek authorities for the alleged commission of political crimes and that his extradition would expose him to a real risk of ill-treatment by the local authorities. He further stated that the Russian Office of the UN High Commissioner for Refugees had recognised the need for his international protection and requested that the extradition decision be overruled as unlawful.
26. On 31 October 2008 the Supreme Court of Mari-Al rejected the applicant's appeal and upheld the extradition order stating, inter alia, the following:
"...the law-enforcement bodies of the Republic of Uzbekistan charged A. Karimov with criminal conspiracy... with the aim of undermining State security, destabilising the social and political order...
These actions on the part of A. Karimov are classified [by the Uzbek authorities] as the use of violence and force jeopardising the safety of persons and property with the aim of forcing State bodies to take or not to take certain actions... that is, as the crime punishable under Article 155 § 3 (a) of the Uzbek Criminal Code...
...The factual circumstances and legal assessment of the actions of which A. Karimov is accused are described in the statements of charges of 18 June 2005 and 2 August 2008...
...the [applicant's] allegations about the risk of ill-treatment in Uzbekistan were not confirmed by the documents examined during the hearing...
...the Republic of Uzbekistan guaranteed that the applicant would not be extradited to a third country without the consent of the Russian Federation... [and] that after the trial and the completion of his sentence he would be free to leave Uzbekistan."
27. On 7 November 2008 the applicant appealed against the above decision and the extradition order to the Supreme Court of the Russian Federation ("the Supreme Court"). He stated that the proceedings concerning his request for refugee status in Russia were still pending and that his extradition would expose him to a real risk of ill-treatment by the Uzbek authorities.
28. On 13 November 2008 the European Court of Human Rights granted the applicant's request for the application of interim measures under Rule 39 of the Rules of Court to suspend his extradition to Uzbekistan.
29. On 23 December 2008 the Supreme Court rejected the applicant's appeal and made the extradition order final. The court stated that the applicant had applied for refugee status in Russia only after his arrest on 11 June 2008, that his allegations of a risk of ill-treatment were unsubstantiated and that "...the Uzbek Prosecutor General's Office guaranteed that... it would prosecute A.M. Karimov only for the crimes he had been charged with...".
30. On 22 September 2009 the applicant requested the Prosecutor General's Office to cancel the extradition order of 18 September 2008 as he had been granted temporary asylum in Russia (see paragraph 57 below). He did not receive any response from the authorities.

3. The applicant's detention pending extradition

31. On 11 June 2008 the applicant was arrested in Yoshkar-Ola and placed in the local detention centre IZ-12/1 ("the detention centre").
32. On 12 June 2008 the Town Court ordered the applicant's detention until 12 July 2008, stating that:
"...the deputy head of the Department of the Interior of the Andijan Region of Uzbekistan... requested that A.M. Karimov be arrested... and that the request for his extradition be submitted [to the Russian authorities] within one month".
On 17 June 2008 the applicant appealed against this decision to the Mari-Al Supreme

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