CCPR/C/123/D/2232/2013
two crimes: conclusion of a knowingly unprofitable transaction, committed by a group of
persons, causing significant loss to the financial interests of Uzbekistan, and theft by way of
misappropriation or embezzlement. By a decision of the Moscow subway system
prosecutor, the author was detained for two months pending his extradition to Uzbekistan.
2.2
The author’s detention was then extended by the Cheryomushki district court on 12
March 2012 for an additional four months. The author filed an appeal to challenge that
decision, which was rejected on 9 April 2012 by the Moscow City Court. The
Cheryomushki district court, by its decision dated 12 July 2012, extended the author’s
detention for an additional six months. That decision was also appealed and that appeal was
rejected on 1 August 2012.
2.3
The author is a law-abiding citizen who never intended to hide from the authorities
in Uzbekistan. After arriving in the Russian Federation, he duly registered himself with the
local immigration authorities and received a temporary residence permit. He also has a
certificate, dated 9 November 2010, stating that he is not wanted for any crimes in
Uzbekistan. The author states that he has nothing to do with the crimes that he has been
charged with and that he is being targeted for other reasons.
2.4
The author belongs to a “special social group” which is targeted by “groups of
citizens” in Uzbekistan who are nationalists. He has Jewish ancestry on his mother’s side
and therefore he has suffered discrimination. For example, he was not admitted to a local
university, although he received sufficiently good results in the entry exam to be accepted.
His family was threatened and told to leave Uzbekistan. His house was attacked by people
“throwing Molotov cocktails”.1
2.5
Concerned about their safety, the author’s family decided to move to the Russian
Federation, especially since Russian was the native language of the family. When he left
Uzbekistan, the author was unaware that the local authorities had initiated criminal
proceedings against him. The prosecution against him was initiated to force him to provide
information on other persons who had participated in contracts and agreements with the
author. To achieve that goal, the authorities “would use any means, including torture”.
2.6
Upon his arrival in the Russian Federation, the author did not request asylum,
because he was concerned for the safety of some members of his extended family who
remained in Uzbekistan. Instead, he applied to a federal programme for the relocation of
citizens who were born in the Soviet Union, to obtain his residence permit.
2.7
The request to extradite the author was received by the Prosecutor General’s Office
of the Russian Federation on 27 January 2012. On 21 September 2012, the deputy
Prosecutor General issued a decision to extradite the author to the Uzbek authorities. The
author appealed this decision, claiming that he would risk torture if extradited. On 12
November 2012, the Moscow City Court rejected the author’s appeal. That decision in turn
was appealed to the Supreme Court of the Russian Federation. On 10 January 2013, the
Supreme Court also rejected the author’s claims.
2.8
On 21 February 2012, the author requested that the Russian authorities grant him
refugee status. On 29 May 2012, the Moscow city migration authorities rejected his request.
The author then filed a complaint to Basmanny district court, which rejected the author’s
appeal on 19 December 2012. In his additional submission dated 27 January 2013, the
author submits that he was extradited to Uzbekistan on 15 January 2013.
The complaint
3.1
The author claims that if he is returned to Uzbekistan, he faces a risk of torture at the
hands of the Uzbek authorities. Since 2003, the United Nations has indicated that torture in
Uzbekistan is “systematic”. 2 Non-governmental organizations, such as Human Rights
Watch3 and Amnesty International, have reported numerous allegations of torture, including
1
2
3
2
The author provides no further details regarding the alleged incidents.
The author refers to a 2003 report by the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment.
The author refers to a 2009 report by Human Rights Watch.