Постановление Европейского суда по правам человека от 21.10.2010 «Дело Гафоров (Gaforov) против России» [англ.]

rly accepted bribes in exchange for lenient sentencing or release.
...
Authorities claimed that there were no political prisoners and that they did not make any politically motivated arrests. Opposition parties and local observers claimed the government selectively prosecuted political opponents. There was no reliable estimate of the number of political prisoners, but former opposition leaders claimed there were several hundred such prisoners held in the country, including former fighters of the UTO.
In February Rustam Fayziev, deputy chairman of the unregistered Party of Progress, died in prison after four years of confinement for insulting and defaming President Rahmon in a 2005 unsent, unpublished letter. The government claimed his death was the result of natural causes. Muhammadruzi Iskandarov, head of the Democratic Party of Tajikistan and former chairman of Tojikgaz, the country's state-run gas monopoly, remained in prison following his unlawful extradition from Russia and 2005 conviction for corruption. Former interior minister Yakub Salimov remained in prison serving a 15-year sentence for crimes against the state and high treason following his 2005 closed trial."
100. The chapter "Tajikistan" in the Amnesty International report "The State of the World's Human Rights", released in May 2010, states, in so far as relevant:
"The Government continued to exert tight control over the exercise of religion. Reports of torture and other ill-treatment by law enforcement officers continued.
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Torture and ill-treatment
Report of torture and ill-treatment by law enforcement officials continued, in particular, to extract confessions during the first 72 hours, the maximum period suspects could be held without charge.
On 27 June, Khurshed Bobokalonov, a specialist in the Tajikistani Oncology Centre, dies after being arrested by the police. He had been walking along the street when the police stopped him and accused him of being drunk. He protested, and some 15 policemen bundled him into a police car. The Ministry of the Interior claimed that he died of a heart attack on the way to the police station. His mother reported injuries on her son's face and body, and on 22 July the Minister of the Interior announced an investigation into possible "death through negligence". There was no public information about the progress of the investigation by the end of the year."

THE LAW

I. Alleged violations of Articles 3 and 13 of the Convention

101. The applicant complained that, if extradited to Tajikistan, he would run a real risk of being subjected to ill-treatment in breach of Article 3 of the Convention, which provides:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
102. The applicant also contended under Article 13 of the Convention that he had had no effective remedies in respect of his allegations of possible ill-treatment in Tajikistan. Article 13 reads:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. The parties' submissions

1. The Government

103. The Government argued that the domestic authorities, including the FMS and the courts, had carefully examined the applicant's allegations that he would be subjected to a risk of ill-treatment if extradited to Tajikistan and had correctly dismissed them as unfounded. The information obtained from "official sources" had not confirmed that the Tajikistani authorities were persecuting their citizens on political or religious grounds or subjecting citizens under criminal prosecution to inhuman or deg



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