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





independent international human-rights-protection associations such as Amnesty International, or governmental sources, including the US State Department (see, Saadi, cited above, § 131, with further references). At the same time, the mere possibility of ill-treatment on account of an unsettled situation in the receiving country does not in itself give rise to a breach of Article 3 (ibid).
116. Where the sources available to the Court describe a general situation, an applicant's specific allegations in a particular case require corroboration by other evidence (see Mamatkulov and Askarov, cited above, § 73).
(ii) Application of the above principles to the present case
117. The Government argued that "official sources" had not confirmed the applicant's allegation that he would run a real risk of ill-treatment and torture if extradited to Tajikistan. With reference to various reports of international and local NGOs and his own experience, the applicant disputed the Government's argument.
118. The Court reiterates that in cases where an applicant provides reasoned grounds which cast doubt on the accuracy of the information relied on by the respondent Government, the Court must be satisfied that the assessment made by the authorities of the Contracting State is adequate and sufficiently supported by domestic materials as well as by materials originating from other reliable and objective sources such as, for instance, other Contracting or non-Contracting States, agencies of the United Nations and reputable non-governmental organisations (see Salah Sheekh, cited above, § 136, and Ismoilov and Others v. Russia, No. 2947/06, § 120, 24 April 2008).
119. The Court will first assess whether the applicant's grievance received any reply at the national level (see Muminov v. Russia, No. 42502/06, § 86, 11 December 2008).
(alpha) Domestic proceedings
120. Having regard to the materials in its possession, the Court notes that the applicant complained about the risk of being subjected to treatment in breach of Article 3 in both the asylum and the extradition proceedings and that in both those sets of proceedings the domestic authorities took cognisance of his submissions. Hence, in assessing whether the applicant's grievance received an adequate reply, the Court will have regard to both sets of proceedings.
121. Referring to the applicant's explanation of 6 August 2008 and the hearing transcript of 20 April 2009, the Government argued that the applicant had failed to inform the authorities of his fear of being persecuted in Tajikistan. In this respect the Court notes that the information contained in the written explanation was, indeed, not particularly detailed. However, on 19 December 2008 the applicant's lawyer notified the Russian Prosecutor General's Office that the applicant was challenging before the courts the refusal to grant him asylum and requested it to take that fact into account when examining the extradition issue (see paragraph 23 above). Furthermore, according to the impugned hearing transcript of 20 April 2009 and contrary to the Government's assertion, the applicant addressed to the City Court detailed submissions on the risk of his being subjected to treatment in breach of Article 3 (see paragraph 29 above).
122. Having regard to the applicant's submissions to the courts in extradition and asylum proceedings, the Court is satisfied that he consistently raised before the domestic authorities the issue of the risk that he would be subjected to treatment in breach of Article 3 of the Convention, advancing a number of specific and detailed arguments. Among other things, he referred to his alleged previous ill-treatment, the systematic practice of ill-treatment inflicted on detainees in Tajikistan and the fact that the authorities had persecuted him on religious grounds. The applicant substant



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