CCPR/C/129/D/2445/2014

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
4 March 2021
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2445/2014*, **
Communication submitted by:

D.S. (represented by counsel, Illarion Vasiliev)

Alleged victim:

The author

State party:

Russian Federation

Date of communication:

18 July 2014 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 24 July 2014 (not issued in
document form)

Date of adoption of decision:

23 July 2020

Subject matter:

Risk of torture upon extradition

Procedural issue:

Non-substantiation of claims

Substantive issues:

Non-refoulement; risk of torture upon return

Article of the Covenant:

7

Articles of the Optional Protocol:

2 and 5 (2) (b)

1.1
The author of the communication is D.S., a Kyrgyz national of Tajik ethnicity born in
1976. His asylum claim in the Russian Federation has been rejected and, at the time of
submission of the present communication, he risked extradition to Kyrgyzstan. He claims
that his extradition would amount to a violation by the Russian Federation of his rights under
article 7 of the Covenant. The Optional Protocol entered into force for the State party on 1
January 1992. The author is represented by counsel, Illarion Vasiliev.
1.2
When registering the communication on 24 July 2014, the Committee, acting through
its Special Rapporteur on new communications and interim measures, decided not to grant
the author’s request for interim measures of protection to halt his extradition pending the
consideration of his case by the Committee.
Facts as submitted by the author
2.1
On 23 April 2004, the author was found guilty under articles 247 (2) and 204 (2) of
the Criminal Code of Kyrgyzstan and was sentenced to 14 years’ imprisonment by the Court
* Adopted by the Committee at its 129th session (29 June–24 July 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,
Bamariam Koita, Marcia V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada
Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas
Zimmermann and Gentian Zyberi.

GE.21-03001(E)

Select target paragraph3