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





l or mental effects and, in some instances, the sex, age and state of health of the victim (see T. v. the United Kingdom [GC], No. 24724/94, § 68, 16 December 1999).
124. It is the Court's settled case-law that as a matter of well-established international law, and subject to their treaty obligations, including those arising from the Convention, Contracting States have the right to control the entry, residence and removal of aliens (see, for example, Boujlifa v. France, 21 October 1997, § 42, Reports of Judgments and Decisions 1997-VI, and N. v. the United Kingdom [GC], No. 26565/05, § 30, 27 May 2008). In addition, neither the Convention nor its Protocols confer the right to political asylum (see Ahmed v. Austria, 17 December 1996, § 38, Reports 1996-VI).
125. However, extradition by a Contracting State may give rise to an issue under Article 3, and hence engage the responsibility of that State under the Convention, where substantial grounds have been shown for believing that the person concerned, if extradited, faces a real risk of being subjected to treatment contrary to Article 3 (see Mamatkulov and Askarov v. Turkey [GC], Nos. 46827/99 and 46951/99, § 67, ECHR 2005-I). In such a case Article 3 implies an obligation not to extradite the person in question to that country (see, mutatis mutandis, Vilvarajah and Others v. the United Kingdom, 30 October 1991, § 102, Series A No. 215, and Said v. the Netherlands, No. 2345/02, § 46, ECHR 2005-VI).
126. When establishing whether, if extradited, the applicant would run a real risk of suffering treatment proscribed by Article 3, the Court will assess the issue in the light of all the material placed before it or, if necessary, material obtained proprio motu (see H.L.R. v. France, 29 April 1997, § 37, Reports 1997-III). Since the nature of the Contracting States' responsibility under Article 3 in cases of this kind lies in the act of exposing an individual to the risk of ill-treatment, the existence of the risk must be assessed primarily with reference to those facts which were known or ought to have been known to the Contracting State at the time of the extradition (see Cruz Varas and Others, cited above, §§ 75 - 76, and Vilvarajah and Others, cited above, § 107).
127. In order to determine whether, at the time of extradition, there existed a risk of ill-treatment, the Court must examine the then foreseeable consequences of sending the applicant to the receiving country, bearing in mind the general situation there and his personal circumstances (see, mutatis mutandis, Nnyanzi v. the United Kingdom, No. 21878/06, § 54, 8 April 2008). As regards the general situation in a particular country, the Court considers that it can attach certain importance to the information contained in reports from independent international human-rights-protection associations such as Amnesty International, or governmental sources, including the US Department of State (see, for example, Said, cited above, § 54, and Al-Moayad v. Germany (dec.), No. 35865/03, §§ 65 - 66, 20 February 2007). 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 (see Vilvarajah and Others, cited above, § 111, and Fatgan Katani and Others v. Germany (dec.), No. 67679/01, 31 May 2001). 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).
(b) Application of the above principles to the present case
128. The Court has now to establish whether by the time of his removal from Russia, that is, 15 April 2005, a real risk had existed that the applicant would be subjected in Tajikistan to treatment proscribed by Article 3 of the Convention (see Muminov v. Russia, No. 42502/06, § 91, 11 De



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