Постановление Европейского суда по правам человека от 04.11.2010 «Дело Султанов (Sultanov) против России» [англ.]

he Court's case-law see Mamatkulov and Askarov v. Turkey ([GC], Nos. 46827/99 and 46951/99, §§ 66 - 70, ECHR 2005-I).
69. From the materials submitted by the parties it follows that the applicant was arrested in Russia and subsequently detained at the request of the Uzbek authorities, who suspected him of a number of crimes, including an attempt to overthrow constitutional order and dissemination of the views of a radical extremist movement. The Russian authorities commenced extradition proceedings against him. Throughout the proceedings the applicant claimed that his extradition to Uzbekistan would expose him to danger of ill-treatment. He also lodged an application for refugee status, reiterating his fears of torture and persecution for political motives. He supported his submissions with reports prepared by UN institutions and international NGOs describing the ill-treatment of detainees in Uzbekistan. The Russian authorities rejected his application for refugee status and ordered his extradition to Uzbekistan.
70. The Court's task is to establish whether there is a real risk of ill-treatment in the event of the applicant's extradition to Uzbekistan. Since he has not yet been extradited, owing to the application by the Court of an interim measure under Rule 39 of the Rules of Court, the material date for the assessment of that risk is that of the Court's consideration of the case. It follows that, although the historical position is of interest in so far as it may shed light on the current situation and its likely evolution, it is the present conditions which are decisive (see Chahal v. the United Kingdom, 15 November 1996, Reports of Judgments and Decisions 1996-V, § 86).
71. As to the applicant's allegation that detainees suffer ill-treatment in Uzbekistan, the Court has recently acknowledged that this general problem still persists in the country (see, for example, Ismoilov and Others v. Russia, No. 2947/06, §§ 120 - 121, 24 April 2008, and Muminov v. Russia, No. 42502/06, §§ 93 - 96, 11 December 2008). No concrete evidence has been produced to demonstrate any fundamental improvement in this area in this country for several years. Given these circumstances, the Court considers that ill-treatment of detainees is a pervasive and enduring problem in Uzbekistan.
72. As to the applicant's personal situation, the Court observes that he was charged with politically motivated crimes. Given that an arrest warrant was issued in respect of the applicant, it is most likely that he would be placed in custody directly after his extradition and would therefore run a serious risk of ill-treatment.
73. As to the Government's argument that assurances were obtained from the Uzbek authorities (see paragraph 16 above), it should be pointed out that even if the Uzbek authorities had given the diplomatic assurances requested by Russia, which were not submitted to the Court, that would not have absolved the Court from the obligation to examine whether such assurances provided, in practical terms, a sufficient guarantee that the applicant would be protected against the risk of treatment prohibited by the Convention. The weight to be given to assurances from the receiving State depends, in each case, on the circumstances prevailing at the material time (see Saadi v. Italy [GC], No. 37201/06, § 148, ECHR 2008-...). Given that the practice of torture in Uzbekistan is described by reputable international sources as systematic (see paragraphs 59, 60 and 62 above), the Court is not persuaded that assurances from the Uzbek authorities offer a reliable guarantee against the risk of ill-treatment.
74. Accordingly, the applicant's forcible return to Uzbekistan would give rise to a violation of Article 3 as he would face a serious risk of being subjected to torture or inhuman or degrading treatment there.

II. Alleged violations of Article



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