Published on 25 July 2022

FIFTH SECTION

Application no. 11062/22 Sergei KUDASHKIN against the Czech Republic lodged on 17 February 2022 communicated on 4 July 2022

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s detention pending his extradition, raising issues under Article 5 § 1 (f) of the Convention.

The applicant was taken into detention on 27 November 2019, upon a request for his extradition issued by the Russian Federation. The applicant’s extradition was judicially approved on 2 March 2020 but could not be executed due to still ongoing asylum proceedings initiated by the applicant on the next day following his detention. On 22 March 2022 the applicant was released.

QUESTIONS TO THE PARTIES

Has the detention of the applicant been in compliance with Article 5 § 1 (f) of the Convention? In particular, having regard to the length and the course of the asylum proceeding, has the detention been lawful and not arbitrary (see Komissarov v. the Czech Republic , no. 20611/17, § 52, 3 February 2022)? Have the extradition proceedings been still in progress and proceeded with due diligence?