. The applicant complained that his extradition to Uzbekistan would subject him to a real risk of torture and ill-treatment prohibited by Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. The parties' arguments
103. The Government submitted that the allegation of the applicant's politically-based persecution had been checked by the Russian courts when examining his appeals against the extradition order and had been rejected as unfounded. The Russian courts had relied on the statement from the Uzbek Prosecutor General's office that there would be no risk of ill-treatment for the applicant if he were extradited to Uzbekistan. With reference to assurances from the Uzbek authorities the Government argued that the applicant would not be subjected to ill-treatment or punishment contrary to Article 3 of the Convention.
104. The applicant maintained that he had argued before the Russian courts that there was a real risk of his ill-treatment and political persecution in Uzbekistan. He had submitted reports on Uzbekistan by the UN institutions and international NGOs, confirming that torture was widespread in detention facilities and that this information had not been properly assessed by the Russian authorities. He pointed out that the courts had rejected his arguments without giving any reasons other than the reference to the assurances given by the Uzbek authorities. Finally, he referred to a number of cases examined by the Court in which it had been established that extradition to Uzbekistan of a person sought for political crimes would constitute a violation of Article 3.
B. The Court's assessment
1. Admissibility
105. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
106. For a summary of the relevant general principles emerging from the Court's case-law see Mamatkulov and Askarov v. Turkey [GC], Nos. 46827/99 and 46951/99, §§ 66 - 70, ECHR 2005-I.
107. From the materials submitted by the parties it appears that the applicant was arrested in Russia and subsequently detained at the request of the Uzbek authorities, who suspected him of a number of crimes, including an attempt to overthrow the Constitutional order and membership of an extremist organisation. The Russian authorities commenced extradition proceedings against him. Throughout the proceedings the applicant claimed that his extradition to Uzbekistan would expose him to a danger of ill-treatment. He also lodged an application for asylum, reiterating his fears of torture and persecution for political motives. He supported his submissions with reports prepared by UN institutions and international NGOs describing the ill-treatment of detainees in Uzbekistan. The Russian authorities rejected his application for refugee status and ordered his extradition to Uzbekistan.
108. The Court's task is to establish whether there is a real risk of ill-treatment in the event of the applicant's extradition to Uzbekistan. Since he has not yet been extradited owing to the application by the Court 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. It follows that, although the historical position is of interest in so far as it may shed light on the current situation and its likely evolution, it is the present conditions which are decisive (see Chahal v. the United Kingdom, 15 November 1996, § 86, Reports 1996-V).
109. As to the applicant's allegation that detainees su
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