CASE OF K.I. v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Conditional) (Tajikistan);No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)
Alena Poláčková;Dmitry Dedov;Georgios A. Serghides;Helen Keller;Helena Jäderblom;Luis López Guerra
7. The applicant was born in 1980. He arrived in Russia in 2003. He travelled to Tajikistan on a number of occasions to visit his parents for short periods of time. 8. On 3 May 2011 the applicant was charged in absentia in Tajikistan with participating in an extremist religious movement, the Islamic Movement of Uzbekistan, and an international search and arrest warrant was issued in his name. On 6 May 2011 the Tajik authorities ordered his pre-trial detention. 9. On 3 November 2013 the applicant was arrested in Moscow and detained. On 4 November 2013 the Meshchanskiy District Court of Moscow (“the District Court”) ordered his detention pending extradition. 10. On 4 December 2013 the Tajik prosecution authorities requested the applicant’s extradition on the basis of the above charges. The request included assurances regarding his proper treatment, which were formulated in standard terms. 11. On 12 December 2013 the District Court extended the applicant’s detention until 3 May 2014. 12. An appeal by the applicant of 16 December 2013 was dismissed by the Moscow City Court (“the City Court”) on 3 February 2014. 13. On 29 April 2014 the District Court again extended the applicant’s detention until 3 August 2014. 14. An appeal by the applicant of 5 May 2014 was dismissed by the City Court on 23 July 2014. 15. On 9 October 2014 the applicant’s extradition was refused by the Deputy Prosecutor General of the Russian Federation, owing to the absence of culpable actions under Russian criminal law. 16. On 13 October 2014 the applicant was released from detention. 17. On 13 October 2014, immediately after his release, the applicant was rearrested for violating migration regulations. 18. On 14 October 2014 the District Court found the applicant guilty of violating migration regulations, fined him and ordered his administrative removal. Allegations by the applicant regarding a real risk of ill-treatment were dismissed, and he was detained pending expulsion. The District Court assessing the risks stated that “[t]he claims of the representative ... are of a speculative nature and not confirmed by the case materials” 19. The above judgment was upheld on appeal by the City Court on 24 October 2014. Claims by the applicant under Article 3 of the Convention were dismissed with reference to the District Court’s assessment of the case, which took into consideration “...the nature of the administrative offence, the character of the accused [who was criminally convicted in Russia]... 20. According to the latest submissions of his representative in 2015, the applicant was still in detention. 21. On 18 December 2013 the applicant lodged a request for refugee status, referring to persecution in Tajikistan and a real risk of ill-treatment. 22. On 15 September 2014 his request was refused by a final administrative decision of the migration authorities. The applicant challenged that decision in the courts, referring, inter alia, to the risk of illtreatment. 23. On 12 November 2015 his appeals were dismissed by a final decision of the City Court.