CCPR/C/123/D/2189/2012

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
17 December 2018
Original: English

Human Rights Committee

Views adopted by the Committee under the Optional
Protocol, concerning communication No. 2189/2012*, **, ***
Communication submitted by:

F.A., represented by counsel, Irina Biryukova

Alleged victim:

The author

State party:

Russian Federation

Date of communication:

9 August 2012 (initial submission)

Document references:

Special Rapporteur’s rule 97 decision,
transmitted to the State party on 17 August 2012
(not issued in document form)

Date of adoption of Views:

27 July 2018

Subject matter:

Extradition to Uzbekistan

Procedural issue:

Level of substantiation of claim

Substantive issues:

Torture; non-refoulement; arbitrary detention

Articles of the Covenant:

7; 9

Articles of the Optional Protocol:

2; 5 (2) (a); 5 (2) (b)

1.1
The author of the communication is F.A., an Uzbek national born in 1990. When
submitting the communication, the author was facing extradition on criminal charges to
Uzbekistan. He claims that if it proceeds with his extradition, the Russian Federation will
violate his rights under articles 7 and 9 of the International Covenant on Civil and Political
Rights.1 The Optional Protocol entered into force for the Russian Federation on 1 January
1992. The author is represented by counsel, Irina Biryukova.
1.2
On 17 August 2012, pursuant to rule 92 of the Committee’s rules of procedure, the
Committee, acting through its Special Rapporteur on new communications and interim
measures, informed the author that it had decided not to issue a request of interim measures
of protection and thus not to ask the State party to refrain from extraditing him to
* Adopted by the Committee at its 123rd session (2 to 27 July 2018).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Ahmed Amin
Fathalla, Olivier de Frouville, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, Duncan Laki
Muhumuza, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais, Yuval Shany and Margo
Waterval.
*** The text of an individual opinion (dissenting) of Committee member José Manuel Santos Pais is
annexed to the present Views.
1 The author was extradited to Uzbekistan on 1 October 2012, after the submission of the initial
communication.

GE.18-21926(E)

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