FIFTH SECTION

Application no . 44479/12 Yevgeniy Igorevich ZELENKEVICH against Ukraine lodged on 18 July 2012

STATEMENT OF FACTS

THE FACTS

The applicant, Mr Yevgeniy Igorevich Zelenkevich , is a Belorussian national who was born in 198 2. He is currently detained in Ukraine .

The facts of the case, as submitted by the applicant, may be summarised as follows.

Since 2005 the applicant has been a member of an opposition movement – Belorussian National Front (BNF). The Head of the BNF, Y., informed the European Court of Human Rights by a letter that the applicant had always actively expressed his political views, had regularly participated in mass street protests, had financially supported the BNF, had assisted in preparation of various propaganda materials, opposition Internet sites etc. Since the street protests participants are often arrested by the authorities, the applicant was also several times arrested.

In 2010 the applicant left Belarus . On an unknown date in 2010 he arrived in Ukraine .

On an unknown date criminal proceedings were instituted against the applicant for credit cards fraud. On 20 January 2012 the Belorussian authorities ordered his arrest and put his name on a wanted list.

On 25 January 2012 the applicant was arrested in Ukraine .

On 27 January 2012 the Pecherskiy District Court ordered the applicant ’ s 40-day detention.

On 6 February 2012 the General Prosecutor ’ s Office of Belarus requested the applicant ’ s extradition. It was indicated that in case of the applicant ’ s extradition he would not be tortured or subjected to inhuman or degrading treatment. He w ill receive adequate medical assistance if necessary, and the Ukrainian authorities w ill be able to visit the applicant in detention. The applicant w ill also have a fair trial.

On 2 March 2012 the Pecherskiy District Court of Kyiv ordered the applicant ’ s detention for up to 18 months.

On 30 March 2012 the Deputy Prosecutor General of Ukraine ordered the applicant ’ s extradition.

In May 2012 the applicant applied for refugee status in Ukraine .

On 8 June 2012 the Shevchenkivsky Di strict Court of Kyiv upheld the decision of 30 March 2012 . The court found unsubstantiated the applicant ’ s allegations about his possible ill-treatment in Belarus in the event of his extradition.

On 13 July 2012 the Kyiv City Court of Appeal upheld this decision.

COMPLAINTS

The applicant complained that in the even t of his extradition to Belarus he would be subjected to treatment contrary to Article 3 of the Convention and denied a fair trial in breach of Article 6 of the Convention.

QUESTION

In the light of the applicant ’ s claims and the documents which have been submitted, would he face a real risk of being subjected to treatment in breach of Article 3 of the Convention if the extradition order were enforced? Have the domestic authorities, including the courts, examined this matter?