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Постановление Европейского суда по правам человека от 01.04.2010 «Дело Клейн (Klein) против России» [англ.]





br /> In such circumstances the Court is not in a position to conclude that the diplomatic assurances given by the Colombian authorities concerning the applicant's freedom from ill-treatment should be disregarded on the ground that they provide insufficient guarantees of protection against treatment proscribed by Article 3.
As to the applicant's argument that the Russian authorities did not conduct a serious investigation into possible ill-treatment, his allegations to the Russian courts about the risk of ill-treatment were rather vague. He did not inform the Russian courts of the particular grounds on which he feared ill-treatment, merely referring to the fact that there had been a lengthy internal armed conflict between State forces and paramilitaries. His references to the General Assembly's Resolution and the meeting of the Human Rights Committee were not supported by copies of the documents in question (see paragraph 18 of the judgment). Furthermore, the applicant only indirectly implied that his personal situation as a prisoner would be deplorable. The vague reference to widespread violations of prisoners' rights (see paragraph 20), unsupported by any evidence, was hardly sufficient.
Having regard to all of the above, we conclude that substantial grounds for believing that the applicant would be exposed to a real risk of being subjected to treatment contrary to Article 3 of the Convention if extradited to Colombia have not been shown in the present case. Accordingly, the implementation of the extradition order against the applicant would not give rise to a violation of Article 3 of the Convention.






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