I. Introduction
In these submissions, the International Commission of Jurists (ICJ) analyses the legal
framework governing extraditions from the Russian Federation to Central Asian States,
in particular Kyrgyzstan, as well as Russia’s extradition practice, including through the
use of diplomatic assurances. These submissions aim to assist the Court in assessing
the compliance of this law and practice with the European Convention on Human Rights
(ECHR) and, in particular, with its procedural non-refoulement obligations.
II. The legal framework for extradition in the Russian Federation
In the Russian Federation, extradition procedures are governed by national legislation
and international law. Domestically, extradition procedures are regulated principally by
Chapter 54 of the Russian Code of Criminal Procedure (CPC). According to the CPC, in
decisions to grant or refuse extradition, all relevant circumstances have to be taken into
consideration, including the gravity of the offence, the place of its commission, the
dates of the request and the nationality of the person sought.1
The main international treaties framing extradition procedures between the Russian
Federation and Central Asian States are the 1993 Minsk Convention2 and 2002 Chisinau
Convention on mutual legal assistance in civil, family and legal cases,3 and the 2001
Shanghai Convention on Combating Terrorism, Separatism, and Extremism, 4 a legal
framework that provides weak safeguards against human rights violations as a result of
extradition. For example, the Minsk Convention does not prohibit extradition in
circumstances where the non-refoulement principle would prevent removal 5 This
contrasts with the Chisinau Convention, which excludes extradition for offences
punishable with the death penalty;6 cases related to the persecution of a person on
grounds of race, sex, religion, ethnicity or political opinion; 7 or on other grounds
stipulated in international treaties, binding the parties to the extradition.8 The Shanghai
Convention binds all States Parties to cooperate in the “prevention, identification and
suppression”9 of terrorism, separatism and extremism, and enshrines broad and vague
definitions of these terms.10 It forecloses any acquittal “based upon exclusively political,
philosophical, ideological, racial, ethnic, religious or any other similar considerations.”11
These treaties do not enshrine the principle of non-refoulement expressly.
The absence or weakness of human rights safeguards in these treaties is particularly
significant given recent changes to the status of European Court of Human Rights’
judgments in Russian law. Although the Russian Constitution and the CPC provide for
1
A.Smirnov, K.Kalinovskiy, Commentary to the Criminal Procedure Code of the Russian Federation, 6th edition, 2012.
Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, Minsk, 22 January 1993, as
amended by the Protocol of 28 March 1997 (“Minsk Convention”), http://www.cis.minsk.by/page.php?id=614.
3
Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, Chisinau, 7 October 2002
(“Chisinau Convention”), text available in Russian on the CIS website at http://www.cis.minsk.by/page.php?id=614.
4
Shanghai Convention on Combating Terrorism, Separatism and Extremism, 2001 (“Shanghai Convention”),
http://kremlin.ru/supplement/3405.
5
See, article 57, Minsk Convention. The Convention has been ratified by Armenia, Belarus, Kazakhstan, Kyrgyzstan,
Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. Azerbaijan and Armenia acceded to it.
6
Article 81, Chisinau Convention.
7
Article 89.1.e, Chisinau Convention.
8
Article 89.1, Chisinau Convention. The Convention does not specify whether both states involved in the extradition must be
a party to the treaty in question.
9
Article 2, Shanghai Convention.
10
Article 1.1.3, Shanghai Convention. For example, article 1.1.3 defines extremism as “an act aimed at seizing or keeping
power through the use of violence or changing violently the constitutional regime of a State, as well as a violent
encroachment upon public security, including organization, for the above purposes, of illegal armed formations and
participation in them, criminally prosecuted in conformity with the laws of the Parties.”
11
Article 3, Shanghai Convention.
2
1