CAT/C/54/D/538/2013
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-fourth session)
concerning
Communication No. 538/2013*
Submitted by:
Khairullo Tursunov (represented by counsel,
Mutabar Tadjibayeva, international human rights
association Fiery Hearts Club)
Alleged victim:
The complainant
State party:
Kazakhstan
Date of complaint:
14 February 2013 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 8 May 2015,
Having concluded its consideration of complaint No. 538/2013, submitted to it by
Khairullo Tursunov under article 22 of the Convention,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22 (7) of the Convention
1.1
The complainant is Khairullo Tursunov, a citizen of Uzbekistan born in 1975. The
complainant claims that his extradition to Uzbekistan would constitute a violation by
Kazakhstan of article 3 of the Convention. He is represented by counsel, Mutabar
Tadjibayeva, of the international human rights association Fiery Hearts Club.
1.2
Under rule 114 of its rules of procedure, the Committee requested the State party, on
28 February 2013, not to extradite the complainant to Uzbekistan while his communication
was under consideration by the Committee. Nevertheless, the complainant was extradited to
Uzbekistan on 13 March 2013.
The facts as presented by the complainant
2.1
The complainant is a citizen of Uzbekistan and a devout follower of Islam who has
been practising his religion outside strict State control. After the explosion of six car bombs
* The following members of the Committee participated in the consideration of the present
communication: Essadia Belmir, Alessio Bruni, Satyabhoosun Gupt Domah, Felice Gaer,
Abdoulaye Gaye, Jens Modvig, Sapana Pradhan-Malla, George Tugushi and Kening Zhang.
2