Published on 5 December 2022

FIFTH SECTION

Application no. 45240/22 Yaroslav Vladimirovich SUMBAYEV against Georgia lodged on 22 September 2022 communicated on 16 November 2022

SUBJECT MATTER OF THE CASE

The application concerns the possible prosecution of the applicant in Russia, following his extradition by Georgia, in respect of new charges which entail life imprisonment and/or death penalty. The applicant was extradited to Russia on 24 October 2019. In January and April 2020, the Russian General Prosecutor’s Office sought, in line with Article 14 of the European Convention on Extradition, the consent of Georgia for the applicant’s prosecution in respect of new (post-extradition) charges. According to the case file, the above two requests are currently pending before the Chief Prosecutor’s office of Georgia.

The applicant complains, under Article 3 of the Convention, that if Georgia grants its consent to his prosecution in respect of new charges, he would face a real risk of life sentence or death penalty in Russia. He also alleges, under Article 13 of the Convention, that he has no effective remedy at his disposal in respect of his complaint under Article 3 of the Convention.

QUESTIONS TO THE PARTIES

1. In so far as the applicant complains under Article 3 of the Convention about the risk of being sentenced to life imprisonment or death sentence in Russia, do the facts occur within the jurisdiction of Georgia and engage Georgia’s responsibility, within the meaning of Article 1 of the Convention? (see, in particular, Vasiliciuc v. the Republic of Moldova , no. 15944/11, §§ 21-25, 2 May 2017; Stephens v. Malta (no.1), no. 11956/07, §§ 50-54, 21 April 2009; and Öcalan v. Turkey [GC], no. 46221/99, § 91, ECHR 2005-IV)?

2. Before deciding on consenting or not to the prosecution of the applicant in relation to new charges, do the competent Georgian authorities consider the applicant’s claim that he could be exposed to the risk of being subjected to treatment contrary to Article 3 of the Convention?

3. In the light of the applicant’s allegations, if the consent is granted on his being prosecuted in respect of new charges, would the applicant face a real risk of being subjected to inhuman and degrading treatment or punishment in Russia (see, among others, N.T. v. Russia , no. 14727/11, § 68, 2 June 2020; see also Murray v. the Netherlands [GC], no. 10511/10, § 99, 26 April 2016)? If so, would the consent, in these circumstances, be compatible with the requirements of Article 3 of the Convention?

4. Does the applicant have at his disposal an effective administrative or judicial domestic remedy for his complaint under Article 3 of the Convention, as required by Article 13 of the Convention?