Постановление Европейского суда по правам человека от 23.09.2010 «Дело Искандаров (Iskandarov) против России» [англ.]

cognised that Convention proceedings do not in all cases lend themselves to a rigorous application of the principle affirmanti incumbit probatio (he who alleges something must prove that allegation). In certain circumstances, where the events in issue lie wholly, or in large part, within the exclusive knowledge of the authorities, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], No. 21986/93, § 100, ECHR 2000-VII, and D.H. and Others v. the Czech Republic [GC], No. 57325/00, § 179, ECHR 2007-XII).
109. Turning to the circumstances of the present case, the Court points out that the applicant provided a generally clear and coherent description of the events relating to his transfer from Russia to Tajikistan. His allegation that he was de facto unlawfully extradited by the Russian authorities is supported by the reports by the US Department of State (see paragraph 96 above).
110. Furthermore, the Court observes that the Tajik Ministry of Foreign Affairs officially informed the Office of the UNHCHR that the applicant had been "officially extradited to the Tajik authorities by the Russian law-enforcement agencies" (see paragraph 58 above). The Government provided no explanation as to the nature of the statement in question, merely asserting that it "did not correspond to the facts [of the case]".
111. Lastly, the Court points out that the Government provided no version capable of explaining how the applicant, last seen in the Moscow Region in the evening of 15 April 2005 and admitted to the Tajik prison on 17 April 2005, had arrived in Tajikistan. They merely stated that the investigators in charge of the proceedings relating to the applicant's kidnapping had not obtained any information supporting the hypothesis that the applicant had taken a flight from Chkalovskiy Airport (see paragraph 72 above). However, they did not produce any evidence from the investigation capable of showing what measures had been taken to disprove the applicant's allegations.
112. The Court points out that the shortest road between Korolev and Dushanbe is 3,660 kilometres long. It passes though Kazakhstan and Uzbekistan, sovereign States with their own border controls. In such circumstances the Court considers it implausible that the applicant could have been clandestinely transferred by his kidnappers to Tajikistan in less than two days by any means of transport other than aircraft.
113. It is obvious that, to be able to board a plane, the applicant must have crossed the Russian State border and thus should have undergone passport and customs checks carried out by the Russian authorities. The Court seriously doubts that unidentified kidnappers could have transferred the applicant from Korolev to Dushanbe against his will without having to account for the cross-border movement to any officials. In such circumstances the Court considers that the applicant's allegation that he was boarded on a plane by Russian State agents who were allowed to cross the border without complying with the regular formalities appears credible. The Government did not produce any border or customs registration logs showing where and when the applicant had left Russian territory. Neither did they provide any plausible explanation as to how the applicant could have arrived in Dushanbe unless accompanied by Russian officials.
114. In view of the above, the Court considers that, whereas the applicant made out a prima facie case that he had been arrested and transferred to Tajikistan by Russian officials, the Government failed to persuasively refute his allegations and to provide a satisfactory and convincing explanation as to how the applicant arrived in Dushanbe.
115. The Court accordingly finds it established that on 15 April 2005 the applicant was arrested by Russian State agents and that he remained

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