24 April 2015
The European Court of Human Rights (ECtHR) found that extraditing a Kyrgyz national of Uzbek ethnic origin from Russia to Kyrgyzstan would give rise to inhumane and degrading treatment prohibited by Article 3 of the European Convention on Human Rights (ECHR). The Kyrgyz authorities had charged the applicant, Mr. Khamrakulov, in his absence of participating in the mass disorder and ethnic clashes that took place in the country in June 2010.
Despite assurances from the Kyrgyz authorities to Russia that the applicant would not be subjected to degrading treatment, the Court observed that the current human rights situation in Kyrgyzstan remains problematic with numerous allegations of torture, ill-treatment, arbitrary detention and excessive use of force against Uzbeks. Belonging to this vulnerable ethnic group, the Court concluded that the applicant should not be extradited.
It was further found that the repeated delays by the Russian authorities in hearing the applicant’s appeals against his detention in Russia constituted a violation of his right to a speedy judicial decision on the lawfulness of his detention.