Communicated on 9 June 2020 Published on 29 June 2020

THIRD SECTION

Application no. 21977/20 R.Y. against Russia lodged on 28 April 2020

SUBJECT MATTER OF THE CASE

The application concerns the administrative removal of the applicant, an HIV-positive openly gay man, to Uzbekistan where he would allegedly face the real risk of treatment contrary to Article 3 of the Convention in the light of the criminal prohibition of consensual sexual intercourse between men in that country.

QUESTIONS

1. Would the applicant face a real risk of being subjected to treatment contrary to Article 3 of the Convention in the event of his removal to Uzbekistan in view of the current criminal prohibition of consensual sexual intercourse between men in that country? ( see F.G. v. Sweden [GC], no. 43611/11, §§ 112-16, 23 March 2016, J.K. and Others v. Sweden [GC], no. 59166/12, § 91, 23 August 2016, and I.K. v. Switzerland ( dec. ), no. 21417/17, §§ 24, 27, 19 December 2017).

2. Is there a practice of prosecution for the above crime in Uzbekistan?

3. Do the applicant ’ s individual circumstances prove the existence of the above risks in his country of origin?

4. In the domestic proceedings, did the relevant national authorities adequately assess the applicant ’ s relevant claims?