, §§ 93 - 96, 11 December 2008). No concrete evidence has been produced to demonstrate any fundamental improvement in this field in Uzbekistan in the last several years (see paragraphs 81, 82 and 84 above). The Court therefore considers that the ill-treatment of detainees is a pervasive and enduring problem in Uzbekistan.
100. As to the applicant's personal situation, the Court observes that he was charged with a number of politically motivated crimes. Given that an arrest warrant was issued in respect of the applicant, it is most likely that he would be placed in custody directly after his extradition and therefore would run a serious risk of ill-treatment. The Court also takes note of the information received from the Russian Office of the UN High Commissioner for Refugees confirming the applicant's allegations of a risk of ill-treatment in Uzbekistan in the event of his extradition (see paragraphs 47, 50 and 54 above).
101. As to the Government's argument that assurances were obtained from the Uzbek authorities, the Court has already cautioned against reliance on diplomatic assurances against torture from a State where torture is endemic or persistent (see Chahal, cited above, and Saadi v. Italy [GC], No. 37201/06, §§ 147 - 148, ECHR 2008-...). Given that the practice of torture in Uzbekistan is described by reputable international sources as systematic (see paragraphs 81 - 83 above), the Court is not persuaded that the assurances from the Uzbek authorities offered a reliable guarantee against the risk of ill-treatment.
102. Accordingly, the applicant's forcible return to Uzbekistan would give rise to a violation of Article 3 as he would face a serious risk of being subjected there to torture or inhuman or degrading treatment.
III. Alleged violation of Article 5 § 1 of the Convention
103. The applicant complained under Article 5 § 1 of the Convention that his detention pending extradition between 21 and 24 July 2008 had been unlawful as it was not based on a court order, and that the domestic regulations concerning detention pending extradition were not sufficiently clear and predictable. The relevant parts of Article 5 § 1 read as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition."
A. The parties' submissions
104. The Government acknowledged that the applicant's detention between 21 and 24 July 2008 had not been based on a court order but contended that the applicant had failed to appeal against it. In particular, they submitted that the applicant's lawyer had failed to lodge a proper complaint about it with the domestic courts (see paragraph 36 above). At the same time the Government contended that in any case this period of detention had been authorised by the court order of 24 July 2008 which had extended the applicant's detention until 12 December 2008.
105. The Government further contended that the applicant's detention pending extradition complied fully with the domestic legislation, in particular with the provisions of Article 466 § 1 of the Code of Criminal Procedure. Referring to Constitutional Court decision No. 333-O-P of 1 March 2007 (see paragraph 73 above), they argued that the relevant provisions had been predictable, clear and foreseeable and had enabled the applicant to estimate the length of his detention pending extradition.
106. The applicant disagreed with the Government. He submitted that the decision concerning his complaint about the unlawfulness of h
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