United Nations

International Covenant on
Civil and Political Rights

Distr.: General
28 May 2021
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 3786/2020*, **
Communication submitted by:

A.P. (represented by counsel, Alaksiej Michalevic
and Nikita Matyushchenkov)

Alleged victim:

The author

State party:


Date of communication:

16 January 2020 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure (not issued in
document form)

Date of adoption of decision:

6 November 2020

Subject matter:

Conditions of detention and right to a fair trial
upon extradition of the author to the Russian

Procedural issues:

Substantiation of claims; exhaustion of domestic

Substantive issues:

Fair trial; cruel, inhuman or degrading treatment
or punishment; conditions of detention

Articles of the Covenant:

7 and 14

Articles of the Optional Protocol:

2 and 5 (2) (b)

The author of the communication is A.P., a national of the Russian Federation. He
claims that Lithuania will violate his rights under articles 7 and 14 of the Covenant should it
extradite him to the Russian Federation. The Optional Protocol entered into force for
Lithuania on 20 February 1992. The author is represented by counsel.
On 24 January 2020, the Special Rapporteur on new communications and interim
measures, acting on behalf of the Committee, decided to deny the author’s request for interim
measures to suspend his extradition. The Special Rapporteur also decided to refer the author’s
submission to the Committee for consideration of its admissibility.


Adopted by the Committee at its 130th session (12 October–6 November 2020).
The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Furuya Shuichi,
Christof Heyns, David Moore, Bamariam Koita, Duncan Laki Muhumuza, Photini Pazartzis, Hernán
Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas
Zimmermann and Gentian Zyberi.


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