Communicated on 4 June 2020 Published on 22 June 2020

THIRD SECTION

Application no. 57893/19 V.D . against Russia lodged on 8 November 2019

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s extradition to Belarus where he is wanted on charges of tax evasion, credit fraud and misappropriation. Referring to Article 3 of the Convention the applicant alleges that he will face a real risk of ill-treatment in Belarussian detention and penitentiary facilities on account of his sexual orientation, i.e. bisexual person. In support of his claims he refers to the UN reports on treatment of sexual minorities in Belarussian penitentiary facilities. The applicant further alleges that his removal to Belarus would expose him to the real risk of detention in conditions incompatible with Article 3 of the Convention.

QUESTIONS TO THE PARTIES

1. Would the applicant face a real risk of treatment in breach of Article 3 of the Convention in Belarussian detention and penitentiary facilities on account of his sexual orientation? Do the applicant ’ s individual circumstances prove the existence of the above risks in his country of origin (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. In case of his extradition to Belarus would the applicant face a real risk of detention in conditions incompatible with Article 3 of the Convention (see M.S.S. v. Belgium and Greece [GC], no. 30696/09, § 365, ECHR 2011)?

3. In the domestic proceedings, did the national authorities adequately assess the applicant ’ s claims concerning the risk of ill-treatment on account of his sexual orientation and/or the risk of detention in inhuman and degrading conditions?