Communicated on 18 January 2018

THIRD SECTION

Applications nos. 60124/17 and 79223/17 A.M. against Russia and B.Z. against Russia lodged on 18 August 2017 and 22 November 2017 respectively

STATEMENT OF FACTS

1. The applicants are nationals of Uzbekistan. Their initials, dates of birth, nationalities, the dates on which their applications were introduced, application numbers, the particulars of the domestic proceedings and other relevant information are set out in the Appendix.

2. On various dates they were charged with religious and politically motivated crimes, their pre-trial detention was ordered in absentia , and international search warrants were issued by the authorities.

3. The Russian authorities arrested and detained the applicants under the above-mentioned search warrants. Subsequently they took final decisions to remove (that is to say to extradite or expel) the applicants to their respective countries of origin, despite consistent claims that in the event of their removal they would face a real risk of treatment contrary to Article 3 of the Convention.

4. On various dates the applicants ’ requests under Rule 39 of the Rules of Court were granted. It was indicated to the Russian Government that the applicants should not be removed from Russia for the duration of the proceedings before the Court. It was further decided that the applicants ’ identities would not be disclosed to the public (Rule 47 § 4) and that the applications should be granted priority treatment (Rule 41).

COMPLAINTS

5. The applicants complain that they would be exposed to a real risk of treatment contrary to Article 3 of the Convention if removed to Uzbekistan.

6. The applicants further complain under Article 5 § 4 about an absence of an effective procedure by which they could have challenged their continued detention.

7. Lastly, the applicant in the case no. 60124/17 complains that his detention pending expulsion is incompatible with the requirements of Article 5 of the Convention in terms of the foreseeability of the length of detention

COMMON QUESTIONS

1. Would the applicants face a real risk of being subjected to treatment in breach of Article 3 of the Convention in the event of their removal to their respective countries of origin?

2. In the domestic proceedings, did the relevant national authorities adequately assess the applicants ’ claims that they would be exposed to a risk of being subjected to torture or to inhuman or degrading treatment if removed to their respective countries of origin?

3. Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention pending expulsion, as required by Article 5 § 4 of the Convention?

CASE-SPECIFIC QUESTION

A.M. v. Russia, no. 60124/17

Having regard to the Court ’ s conclusion in the case of Azimov v. Russia ( Azimov v. Russia , no. 67474/11 , 18 April 2013), was the applicant ’ s detention pending expulsion compatible with the requirements of Article 5 of the Convention in terms of the foreseeability of the length of such detention ?

APPENDIX

No.

Name,

date of birth,

nationality

application no.,

lodged on,

represented by

Dates of detention and release

Removal proceedings (type, progress, outcome)

Refugee and/or temporary asylum proceedings

Other relevant information

1.A.M. v. Russia

26 September 1992

Uzbekistan

no. 60124/17

18 July 2017

Daria TRENINA

Eleonora DAVIDYAN

Kirill ZHARINOV

Detention pending extradition

2 July 2016 – arrested and subsequently detained

1 July 2017 – release due to expiry of the maximum statutory period of detention

Detention pending expulsion

25 October 2017 – arrested and subsequently detained

Extradition proceedings

6 February 2015 – international search warrant and detention order in absentia issued by Uzbek authorities

29 July 2016 – extradition request on charges of extremism

27 April 2017 – extradition request granted by the Russian Prosecutor General ’ s Office

12 December 2017 – extradition order upheld by the final judgment of the Supreme Court of the Russian Federation

Expulsion proceedings

20 November 2017 – the applicant ’ s expulsion upheld by the final judgment of the Moscow City Court

Refugee status proceedings

19 July 2017 – refusal to grant refugee status by the migration authorities

5 December 2017 – refusal upheld by the Basmanniy District Court of Moscow

Temporary asylum proceedings

27 July 2017 – refusal to grant temporary asylum by the migration authorities

15 November 2017 – refusal upheld by the Basmanniy District Court of Moscow

22 August 2017 – interim measure preventing the applicant ’ s removal

25 October 2017 – the head of the Counter-terrorist Division of the Ministry of Interior of Uzbekistan informed the Russian authorities that the decision to detain the applicant in Uzbekistan is no longer effective

30 November 2017 – the Prosecutor General ’ s Office of Uzbekistan informed the Russian authorities of their wish to pursue the extradition and that the detention order was still effective

2.B.Z. v. Russia

2 August 1983

Uzbekistan

no. 79223/17

22 November 2017

Bakhrom KHAMROYEV

Detention pending extradition

11 November 2015 – arrested and subsequently detained

16 March 2017 – released by the order of the Moscow Regional Court

15 June 2017 – repeatedly arrested

16 June 2017 – released

Detention pending expulsion

8 November 2017 – arrested and subsequently detained

Extradition proceedings

unspecified date in 2015 – international search warrant and detention order in absentia issued by Uzbek authorities

4 December 2016 – extradition request on charges of extremism

11 August 2016 – extradition request granted by the Russian Prosecutor General ’ s Office

16 March 2017 – extradition order annulled by the Moscow Regional Court

3 May 2017 – lower court ’ s judgement upheld by the Supreme Court of the Russian Federation

Expulsion proceedings

22 November 2017 – the applicant ’ s expulsion upheld by the final judgment of the Moscow City Court

Temporary asylum proceedings

4 September 2017 – refusal to grant temporary asylum by the migration authorities

22 November 2017 – interim measure preventing the applicant ’ s removal