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)

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