rading treatment. The courts also examined the information produced by various NGOs. However, their reports were not official documents and were not binding for the courts. In any event, the applicant had come to Russia in 2007 to earn money. He had not legalised his status upon arrival and, until his arrest in 2008, had not applied for Russian citizenship, asylum or temporary asylum. Nor had he notified the authorities of his fears of being persecuted in Tajikistan, as proved by his explanation of 6 August 2008 and the hearing transcript of 20 April 2009.
104. The Government further submitted that the applicant had not requested the authorities to secure his presence at the hearing of 20 April 2009. In any event, his lawyer attended the hearing, but the prosecutor did not.
105. They further argued that the applicant had had at his disposal a number of effective remedies in respect of his grievances under Article 3. In particular, under Article 462 § 6 of the Code of Criminal Procedure, a person challenging an extradition order could not be extradited until such time as the order became final. Furthermore, under Article 464 § 5 of the CCrP a person was not to be extradited if there was a final court decision prohibiting extradition. Lastly, Article 12 of the Refugees Act provided for a possibility to grant a person temporary asylum even if he or she did not qualify for refugee status.
2. The applicant
106. The applicant submitted that there were substantial grounds for believing that he would be exposed to a real risk of ill-treatment in breach of Article 3 if extradited to Tajikistan. Relying on reports by various NGOs, such as Human Rights Watch and Amnesty International, the applicant stated that torture continued to be applied to detainees in Tajikistan to extract their confessions and that persons prosecuted for their presumed membership in HT were particularly targeted by the authorities. The applicant further referred to his own experience of ill-treatment at the hands of the authorities and his relatives' reports that they had been threatened and that his co-accused had been severely ill-treated after his escape. According to the applicant, after the City Court had asked the Tajikistani authorities to comment on his accusations concerning the Tajikistani law enforcement system, the risk of the applicant being subjected to ill-treatment in retaliation for his criticism and also for his escape, was all the higher. With reference to the Court's Saadi judgment, the applicant also affirmed that the assurances given by the Tajikistani authorities were not sufficient to safeguard him against the alleged risk of ill-treatment.
107. The applicant further argued that in examining his case the Russian authorities had disregarded his specific submissions concerning his religious and political persecution and relevant reports by independent NGOs, and had relied solely on "official sources of information". The courts' conclusion that the applicant had voluntarily left Tajikistan was at variance with his consistent submissions that he had fled because of his persecution on religious grounds and the ill-treatment sustained in custody. Referring to other cases against Russia concerning expulsion and extradition and pending before the Court, the applicant insisted that the Russian courts consistently adopted the same formalistic approach in dealing with such complaints, which showed that the remedies suggested by the Government were ineffective in practice.
108. Lastly, he claimed that the asylum legislation did not unequivocally prohibit extradition of an asylum seeker, that the outcome of the asylum proceedings had been prejudged in the extradition proceedings and that his absence from the hearing on 7 April 2009 had deprived him of an opportunity to effectively challenge the Moscow FMS refusal to grant him asylum.
B.
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