Information Note on the Court’s case-law 239

April 2020

T.K. and S.R. v. Russia (referral) - 28492/15 and 49975/15

Judgment 19.11.2019 [Section III]

Article 3

Extradition

Risks for ethnic Uzbeks in Kyrgyzstan and reliability of assurances given by the Kyrgyz authorities: case referred to the Grand Chamber

The applicants are nationals of Kyrgyzstan who challenged the decision to extradite them to that country, al leging in particular a risk of ill-treatment because they belonged to the Uzbek ethnic minority.

In a judgment of 19 November 2019 a Chamber of the Court held by five votes to two that the applicants’ extradition to Kyrgyzstan would not entail a violation of Article 3 of the Convention.

It was true that, in the wake of the inter-ethnic clashes in 2010, the Court had considered that the extradition of ethnic Uzbeks to Kyrgyzstan would be in breach of Article 3. However, the present case called for a differen t assessment, in view especially of the general human rights situation in Kyrgyzstan, the applicants’ individual circumstances and the assurances provided by the Kyrgyz authorities. Those assurances were, moreover, strengthened by a joint monitoring mechan ism, involving visits by Russian diplomatic staff to Kyrgyz detention centres holding extradited persons.

On 15 April 2020 the case was referred to the Grand Chamber at the applicants’ request.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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