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Постановление Европейского суда по правам человека от 08.07.2010 <Дело Абдулажон Исаков (Abdulazhon Isakov) против России» [англ.]





t the Uzbek authorities had guaranteed that the applicant would not be subjected to unlawful treatment in Uzbekistan and that his constitutional rights would be respected. In addition, the Russian courts noted the absence in the case file of any information confirming the applicant's persecution by the law-enforcement bodies of Uzbekistan on account of his political beliefs..."
64. The Government further stated that "...the authorities of the Russian Federation are informing [the Court] that the applicant's detention between 6 and 27 March 2008 was not based on a court order. However, the applicant was arrested on 6 March 2008 and detained in SIZO-1 in Tyumen as a person who had been put on the international wanted list... as a result of the decision to arrest him which had been taken by the Namangan prosecutor's office on 29 June 1998. In accordance with Article 466 of the Russian Criminal Procedure Code, upon receipt of the extradition request and [after] the subsequent checks [had been carried out], on 27 March 2008... the Tsentralniy district court of Tyumen ordered the applicant's detention..."
65. On 25 March 2008 the Tyumen regional prosecutor's office requested the Tsentralniy district court to order the applicant's detention in the view of his extradition to Uzbekistan.
66. On 27 March 2008 the district court granted the request and ordered the applicant's detention in accordance with Articles 97 - 101, 108 and 466 § 1 of the Criminal Procedure Code. The applicant was informed about his right to appeal against this decision to the Tyumen regional court. The applicant exercised this right and appealed against the detention order.
67. On 15 April 2008 the Tyumen regional court dismissed the applicant's appeal and upheld the detention order.

II. Relevant international and domestic legal materials

A. Detention pending extradition and judicial
review of detention

1. The Russian Constitution

68. The Constitution guarantees the right to liberty (Article 22):
"1. Everyone has the right to liberty and personal integrity.
2. Arrest, placement in custody and detention are only permitted on the basis of a judicial decision. Prior to a judicial decision, an individual may not be detained for longer than forty-eight hours."

2. The European Convention on Extradition

69. Article 16 of the European Convention on Extradition of 13 December 1957 (CETS No. 024), to which Russia is a party, provides as follows:
"1. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter in accordance with its law.
...
4. Provisional arrest may be terminated if, within a period of 18 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12. It shall not, in any event, exceed 40 days from the date of such arrest. The possibility of provisional release at any time is not excluded, but the requested Party shall take any measures which it considers necessary to prevent the escape of the person sought."

3. The 1993 Minsk Convention

70. The CIS Convention on legal aid and legal relations in civil, family and criminal cases (the 1993 Minsk Convention), to which both Russia and Uzbekistan are parties, provides that a request for extradition must be accompanied by a detention order (Article 58 § 2).
71. A person whose extradition is sought may be arrested before receipt of a request for his or her extradition. In such cases a special request for arrest containing a reference to the detention order and indicating that a request for extradition wi



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