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

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Political Prisoners
The government stated that it did not hold political prisoners. Some human rights advocacy groups characterized as political detainees some detainees held on charges of rebellion or terrorism in what the groups claimed were harassment tactics by the government against human rights advocates. During the year there were 3,336 prisoners accused of rebellion or aiding and abetting insurgence, 2,263 of whom were accused of supporting the FARC. The government provided the ICRC access to these prisoners."

THE LAW

I. Alleged violation of Article 3 of the Convention

36. The applicant complained that if extradited to Colombia, he would most probably be subjected to ill-treatment contrary to Article 3 of the Convention, which provides:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
37. The Government contested that argument. They claimed that Colombia was party to the majority of international legal human rights instruments, including the International Covenant on Civil and Political Rights and its Optional Protocol, as well as the UN Convention Against Torture. The Colombian authorities had provided written assurances that the applicant would not be subjected to the death penalty or ill-treatment, that he would be punished only for the crime referred to in the extradition request, that he would not be persecuted on the grounds of his race, ethnic origin, religion, nationality or political views and that upon serving his sentence he would be free to leave Colombia and would not be expelled or extradited to a third State without the Russian authorities' consent. The Colombian penitentiary facilities allowed for decent conditions of detention. The statement by the Colombian Vice-President referred to by the applicant could not be regarded as the official position of the Colombian Government. An inquiry carried out by the Russian Prosecutor General's Office had not obtained from Colombian official sources any information on possible ill-treatment of the applicant. Media statements by public officials could not affect judgments already adopted by the judiciary.
38. In sum, the Government insisted that the applicant would not be subjected to any ill-treatment or punishment contrary to Article 3 of the Convention if extradited to Colombia.
39. The applicant submitted that recent reports by the UN Committee Against Torture, the UN Human Rights Committee, the UN High Commissioner for Human Rights, the U.S. State Department and Amnesty International showed a questionable human rights situation in Colombia and provided "compelling evidence about overcrowding, insecurity, corruption, and insufficient budget in the prison system and detention conditions, and deadly violence amongst inmates as well as excessive force and brutality by prison guards. Torture and other cruel, inhuman, or degrading treatment or punishment by police, military and prison guards continued to be reported."
40. In the applicant's submissions, "according to the International Relations and Security Network website, Vice-President Santos was quoted by local papers as stating: 'Hopefully they'll hand Klein over to us so [that] he can rot in jail for all the damage he's caused [to] Colombia'". He claimed that the statement in question illustrated the serious risk of ill-treatment that he would face once extradited, given that the Vice-President was the second most influential official of the executive branch. The applicant further asserted that diplomatic assurances given by the Colombian Government did not suffice to guarantee him against such risk.
41. Lastly, the applicant emphasised that the Russian authorities had not conducted a serious investigation into possible ill-treatment.

A. Admissibility




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