hien] v. France, No. 25389/05, § 66 in fine, ECHR 2007-V, which concerned an asylum seeker wishing to enter the territory of France); see also Jabari v. Turkey, No. 40035/98, § 50, ECHR 2000-VIII; Shamayev and Others, cited above, § 460; Olaechea Cahuas v. Spain, No. 24668/03, § 35, ECHR 2006-X; and Salah Sheekh v. the Netherlands, No. 1948/04, § 154, ECHR 2007-I (extracts).
134. Judicial review proceedings constitute, in principle, an effective remedy within the meaning of Article 13 of the Convention in relation to complaints in the context of expulsion and extradition, provided that the courts can effectively review the legality of executive discretion on substantive and procedural grounds and quash decisions as appropriate (see Slivenko v. Latvia (dec.) [GC], No. 48321/99, § 99, ECHR 2002-II). Turning to the circumstances of the present case, the Court observes that the decision of the Prosecutor General's Office to extradite the applicant was upheld on appeal by the Mari-Al Supreme Court and subsequently by the Supreme Court. In their decisions the domestic courts did not conduct a detailed examination of the applicant's allegation of the risk of ill-treatment in Uzbekistan, simply referring in general terms to the assurances provided by the Uzbek authorities and the brief information received from the Ministry of Foreign Affairs and the FSB (see paragraphs 26 and 29 above). Consequently, the courts failed to rigorously scrutinise the applicant's claims that he faced a risk of ill-treatment in the event of his extradition to Uzbekistan.
135. As to the Government's reference to the case of Kurbanov v. Russia, the Court points out that the extradition order against the applicant in that case was indeed overruled; however, this was because the Supreme Court applied the statute of limitations and discontinued the extradition proceedings as time-barred, and not because it examined the issue of the risk of the applicant's being ill-treated in the event of his extradition.
136. It should also be noted that the Government did not refer to any provisions of domestic legislation which could have afforded redress in the applicant's situation or had a suspensive effect on his extradition (see, mutatis mutandis, Muminov, cited above, §§ 102 - 104).
137. Accordingly, the Court concludes that in the circumstances of the present case there has been a violation of Article 13 of the Convention because the applicant was not afforded an effective and accessible remedy in relation to his complaint under Article 3 of the Convention.
138. As regards the applicant's complaints under Article 5 of the Convention, in the light of the Court's established case-law stating that the more specific guarantees of Article 5, which is a lex specialis in relation to Article 13, absorb its requirements (see Dimitrov v. Bulgaria (dec.), No. 55861/00, 9 May 2006), and in view of its above findings of violations of Article 5 of the Convention, the Court considers that no separate issue arises in respect of Article 13 in conjunction with Article 5 of the Convention in the circumstances of the present case.
VI. Other alleged violations of the Convention
139. The Court has examined another complaint submitted by the applicant under Article 5 § 1 of the Convention alleging that his detention pending extradition between 13 November 2008 and 11 June 2009 was unlawful, and a complaint under Article 6 § 2 alleging that the decision of the Supreme Court of the Republic of Mari-Al of 31 October 2008 violated his right to be presumed innocent. However, having regard to all the material in its possession, it finds that these complaints do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
140. It follows that this part of application is manifestly ill-founded and must be r
> 1 2 3 ... 19 20 21 22
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
