iated his allegations by reference to reports by international organisations on the human rights situation in Tajikistan, in particular as regards the risk of persons being detained and persecuted for their religious beliefs (see paragraphs 26, 29, 36, 39 - 43, 46, 48 and 51 above). However, the Court is not persuaded that the domestic authorities made an adequate assessment of the risk of torture or ill-treatment if the applicant were to be extradited to Tajikistan.
123. As regards the extradition proceedings, the Court cannot but note that the domestic authorities involved in the decision-making process in fact disregarded the applicant's submission that he would run a risk of treatment proscribed by Article 3 in his home country. In particular, they failed to address his allegations of previous ill-treatment while in detention in Tajikistan and his submission that he ran a particular risk of torture as a person charged with active membership of a proscribed religious organisation (see paragraphs 37 and 41 above). Nor did they give any consideration to his allegation that he had fled from custody because of the beatings inflicted on him (ibid.).
124. The Court finds particularly striking the City Court's statement that the applicant "had not been and was not being persecuted in the territory of the Republic of Tajikistan on political or other grounds" (see paragraph 37 above), although a copy of the related hearing transcript clearly contained information to the contrary (see paragraph 29 above).
125. Furthermore, neither the City Court nor the Supreme Court gave any consideration to a body of relevant information from independent NGOs, relied on by the applicant and enclosed by those courts in the case file materials (see paragraphs 29, 37 and 42 above). It transpires that the courts chose to rely solely on the scant information contained in the letter of the MID (ibid.).
126. In the Court's opinion, the asylum proceedings were tainted by the same defects as those enumerated above (see paragraphs 47 - 48 above). In particular, in its decision of 10 September 2009 the Zamoskvoretskiy District Court explicitly refused to examine the information from non-governmental sources and assess the issue of the risk for the applicant of being subjected to treatment in breach of Article 3 (see paragraph 50 above). The same court stated that the applicant "only feared criminal prosecution", which was at variance with the applicant's submission, cited earlier in the same decision, that he feared his return to Tajikistan because of the risk of torture (ibid.). This holds true also for the appeal decision of 28 January 2010 (see paragraph 53 above).
127. In sum, for the reasons stated in paragraphs 123 - 126 above, the Court considers that the domestic authorities failed to make an adequate assessment of the risk of the applicant being subjected to torture or ill-treatment if he were to be extradited to Tajikistan.
(beta) The Court's assessment of the risk
128. The Court has now to assess whether there is a real risk that, if extradited to Tajikistan, the applicant would be subjected to treatment proscribed by Article 3. In line with its case-law and bearing in mind that the applicant has not yet been extradited, owing to the indication 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.
129. In the Government's submission, the applicant's allegation of risk of ill-treatment or torture remained unconfirmed by "official sources". Assuming that the Government had in mind the letter of the Russian MID used in the extradition proceedings, the Court nonetheless reiterates that in cases concerning aliens facing expulsion or extradition it is entitled to compare materials made available by the Government with information fro
> 1 2 3 ... 25 26 27 ... 38 39 40
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
