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K.O. v. RUSSIA and 4 other applications

Doc ref: 71772/17;340/18;6646/18;8103/18;18359/18 • ECHR ID: 001-202141

Document date: March 2, 2020

  • Inbound citations: 10
  • Cited paragraphs: 0
  • Outbound citations: 5

K.O. v. RUSSIA and 4 other applications

Doc ref: 71772/17;340/18;6646/18;8103/18;18359/18 • ECHR ID: 001-202141

Document date: March 2, 2020

Cited paragraphs only

Published on 23 March 2020

THIRD SECTION

Application no. 71772/17 K.O. against Russia and 4 others – see appended list

The facts and complaints in these applications have been summarised in the Court ’ s Statement s of facts and Questions to the parties , which are available in HUDOC.

QUESTIONS

1. In the light of the general situation in their countries of origin and the applicants ’ personal circumstances, would t he y face a risk of being subjected to treatment in breach of Article 3 of the Convention if the removal decisions against them were enforced (see F.G. v. Sweden [GC], no. 43611/11, § 114, 23 March 2016)?

2. Given the nature of the charges against the applicants, notably recruitment for and/or participation in terrorist organisations, do the applicant s belong to a previously identified vulnerable group facing a real risk of treatment contrary to Article 3 of the Convention (see e.g. K.I. v. Russia , no. 58182/14, §§ 34-36, 7 November 2017)? Specifically, what is the position of the Prosecutor General’s Office, deciding on extraditions of persons wanted on terrorist charges, as to whether they belong to that group or the existence of the abovementioned risks under Article 3 of the Convention?

3. Before deciding on the applicants ’ removal , did the Russian authorities carry out an adequate and rigorous assessment of their claim s about the risks of ill-treatment in their country of origin (see Sufi and Elmi v. the United Kingdom , nos. 8319/07 and 11449/07, § 214, 28 June 2011, and F.G. v. Sweden [GC], cited above, § 119)?

4. If the applicant s run a risk of ill-treatment in case of their removal, what measures (such as obtaining assurances from relevant governments ) have been taken or could be envisaged by the Russian Government in order to mitigate that risk?

APPENDIX

List of applications

No.

Application no.

Case name

Communicated on

1

71772/17

K.O. v. Russia

12/01/2018 and 02/03/2020

2

340/18

I.M. v. Russia

11/10/2018 and 02/03/2020

3

6646/18

M.Z. v. Russia

11/10/2018 and 02/03/2020

4

8103/18

S.D. v. Russia

03/09/2018 and 02/03/2020

5

18359/18

Y.M. v. Russia

03/09/2018 and 02/03/2020

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