ffer ill-treatment in Uzbekistan, the Court has recently acknowledged that this general problem still persists in the country (see for example, Ismoilov and Others v. Russia, No. 2947/06, §§ 120 - 121, 24 April 2008, and Muminov v. Russia, No. 42502/06, §§ 93 - 96, 11 December 2008). No concrete evidence has been produced to demonstrate any fundamental improvement in this area in Uzbekistan in the last several years. Given these circumstances, the Court considers that ill-treatment of detainees is a pervasive and enduring problem in Uzbekistan.
110. As to the applicant's personal situation, the Court observes that he was charged with politically motivated crimes. Given that an arrest warrant was issued in respect of the applicant, it is most likely that he would be directly placed in custody after his extradition and would therefore run the serious risk of ill-treatment.
111. As to the Government's argument that assurances were obtained from the Uzbek authorities, firstly, the Government did not submit a copy of any diplomatic assurances indicating that the applicant would not be subjected to torture or ill-treatment. Secondly, 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 experts as systematic (see paragraphs 91, 92 and 94 above), the Court would not be persuaded that assurances from the Uzbek authorities could offer a reliable guarantee against the risk of ill-treatment.
112. 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 to torture or inhuman or degrading treatment there.
III. Alleged violations of Article 5 §§ 1 and 4
of the Convention
113. The applicant complained under Article 5 § 1 of the Convention that his detention pending extradition between 6 and 27 March 2008 had been unlawful as it had not been based on a court order and that the court order authorising his detention as of 27 March 2008 had not set any time-limits for the duration of the detention, in violation of the relevant provisions of the domestic law. 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."
114. He also complained under Article 5 § 4 of the Convention that the domestic courts had failed to review the lawfulness of his detention pending extradition. Article 5 § 4 of the Convention reads as follows:
"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful."
A. The parties' arguments
115. The Government insisted that the applicant's detention between 6 and 27 March 2008 had been lawful as it had been based on the decision of the Namangan prosecutor's office of 29 June 1998. They submitted that the detention after 27 March 2008 had been authorised by a domestic court and fully complied with the provisions of Article 466 of the Criminal Procedure Code and that the length of the detention had been conditioned by the necessity to verify the guarantees provided by the Uzbek authorities and to examine the issue of th
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