Published on 30 January 2023

FIFTH SECTION

Application no. 41105/22 Levan Huhutievich ABULADZE against Spain lodged on 26 August 2022 communicated on 13 January 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s extradition to the Russian Federation, where he is suspected of holding a high position in an organised crime group.

The Russian officials supplied diplomatic assurances to the effect that the applicant would not be submitted to treatment contrary to Article 3 of the Convention, that he would be granted every defence opportunity and he would be detained in an institution complying with the Convention standards, and that the officers of the Spanish Embassy in Russia would be allowed to carry out monitoring visits. The extradition request was granted by the Audiencia Nacional in January 2022 and confirmed by the plenary of the Criminal Chamber of the same court on 11 February 2022. The Constitutional Court declared the applicant’s amparo appeal inadmissible due to the lack of constitutional relevance. The applicant reportedly lodged an asylum application with the Interior Ministry’s Asylum and Refugees Office.

The applicant, of Georgian origin, alleges a risk of being subject to treatment contrary to Article 3 of the Convention in case of enforcement of the extradition order.

In August 2022, the applicant requested the Court under Rule 39 of the Rules of Court to suspend the extradition. This request was considered premature, as both the final decision of the Council of Ministers on the extradition and an asylum application were pending.

QUESTIONS TO THE PARTIES

1. Before deciding on his extradition, did the authorities consider the applicant’s claim that he would be exposed to a risk of being subjected to inhuman treatment if returned to the Russian Federation? In the light of the applicant’s claims and the documents submitted, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the extradition order were enforced (see, mutatis mutandis , Chankayev v. Azerbaijan , no. 56688/12, 14 November 2013; López Elorza v. Spain , no. 30614/15, 12 December 2017; Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, 29 April 2022; Sanchez-Sanchez v. the United Kingdom [GC], no. 22854/20, 3 November 2022)?

2. Did the assurances by the Russian Federation authorities provide a sufficient guarantee that the applicant would not be subjected to treatment contrary to Article 3, if extradited (see, mutatis mutandis , Othman (Abu Qatada) v. the United Kingdom , no. 8139/09, §§ 183-189, 17 January 2012).

The parties are requested to confirm whether the applicant’s asylum application has been registered and to inform the Court about the outcome of that application and its possible consequences as regards the applicant’s extradition.

The parties are further requested to inform the Court about the applicant’s situation regarding his condition of statelessness, in particular, whether he has started any procedures to acquire the nationality of any State or to have his situation of statelessness officially declared.

The parties are requested to inform the Court about any other pending expulsion proceedings concerning the applicant, in particular, about the deportation proceeding from Russia to Georgia initiated in 2020.