Постановление Европейского суда по правам человека от 12.05.2010 «Дело Ходжаев (Khodzhayev) против России» [англ.]

oyees of the International Committee for the Red Cross, to detention facilities (see paragraph 75 above).
98. The Court is not persuaded by the Government's argument that the mere fact of ratification by Tajikistan of major human-rights instruments excludes the possibility that the applicant would run a risk of ill-treatment in the requesting country. The existence of domestic laws and accession to international treaties guaranteeing respect for fundamental rights in principle are not in themselves sufficient to ensure adequate protection against the risk of ill-treatment where, as in the present case, reliable sources have reported practices resorted to or tolerated by the authorities which are manifestly contrary to the principles of the Convention (see Saadi, cited above, § 147 in fine). Given that the Government failed to convincingly show that the human-rights situation in Tajikistan had drastically improved when compared to the one described in the aforementioned reports by reputable organisations, the Court is ready to accept that ill-treatment of detainees is an enduring problem in Tajikistan.
99. Nonetheless, the Court points out that the above-mentioned findings attest to the general situation in the country of destination and should be supported by specific allegations and require collaboration by other evidence (see Mamatkulov and Askarov, cited above, § 73). In the same context, the Court should examine whether the authorities assessed the risks of ill-treatment prior to taking the decision on extradition (see Ryabikin, cited above, § 117).
100. The main argument raised by the applicant under Article 3 is the danger of ill-treatment in Tajikistan, exacerbated by the nature of the crime that he had been charged with. The Court observes in this respect that he was accused of involvement in the activities of Hizb ut-Tahrir, a transnational Islamic organisation. It reiterates that in cases where an applicant alleges that he or she is a member of a group systematically exposed to a practice of ill-treatment, the protection of Article 3 of the Convention enters into play when the applicant establishes, where necessary on the basis of the information contained in recent reports from independent international human-rights-protection associations or governmental sources, that there are serious reasons to believe in the existence of the practice in question and his or her membership of the group concerned (see Saadi, cited above, § 132). In those circumstances, the Court will not then insist that the applicant show the existence of further special distinguishing features if to do so would render illusory the protection offered by Article 3 (see Muminov v. Russia, No. 42502/06, § 95, 11 December 2008, and NA. v. the United Kingdom, No. 25904/07, § 116, 17 July 2008).
101. The applicant was wanted by the Tajik authorities on account of his alleged involvement in the activities of Hizb ut-Tahrir, which he consistently denied. Regard being had to the reports by reputable organisations (see, in particular, paragraphs 73 and 75 above), the Court considers that there are serious reasons to believe in the existence of the practice of persecution of members or supporters of that organisation, whose underlying aims appear to be both religious and political. The Government's reference to the fact that the applicant did not apply for political asylum immediately after his arrival to Russia does not necessarily refute the applicant's allegations of risks of ill-treatment since the protection afforded by Article 3 of the Convention is in any event broader than that provided for in Articles 32 and 33 of the 1951 United Nations Convention relating to the Status of Refugees (see, mutatis mutandis, Saadi, cited above, § 138).
102. In view of the above, the Court considers that substantial grounds have been shown for believing that the applicant would face a real risk of treatme



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