CCPR/C/129/D/2445/2014

of the Alay district of the Osh region in Kyrgyzstan. It was found that, upon a preliminary
agreement with another person, the author had unlawfully acquired, stored and transported
some 5.3 kg of heroin.
2.2 Thereafter, the author was transferred to a penitentiary colony in the city of Jalal-Abad.
By virtue of general amnesty acts, his sanction was reduced, and he was supposed to be
released on 18 July 2010.
2.3
By a decision of the Jalal-Abad City Court issued on 21 May 2008, the author was
transferred to serve the remainder of his sentence in a colony settlement.
2.4
The author contends that, in September 2008, the penitentiary administration
authorized his travel to Tajikistan for 15 days for him to attend his father’s funeral. Given
that during his stay in Tajikistan his mother passed away, the author was unable to return to
Kyrgyzstan on time. When he finally tried to reach Jalal-Abad, it transpired that the border
was closed due to disruptions. The author claims that he spent several weeks at the border
trying to convince the border guards to allow him to cross the border, to no avail.
2.5
On 20 January 2009, he travelled to Moscow and started work on construction sites
there.
2.6
On 15 May 2009, an investigator from the Service of Execution of Penalties of the
Ministry of Justice of Kyrgyzstan opened an investigation regarding the author’s
abscondment. On the same day, a national arrest warrant was issued against him, followed
by an international arrest warrant. On 2 June 2009, a criminal case for abscondment under
article 336 (1) of the Criminal Code was opened against the author. On 3 June 2009, the
Osh City Court ordered the author’s placement in pretrial detention.
2.7
On 5 September 2013, the author was apprehended by the police in Moscow on the
basis of the international warrant for his arrest. On 9 September 2013, the Court of the
Babushkinsky District in Moscow ordered that the author be placed in detention; the
detention was extended on several occasions. All appeals against the detention filed with the
Moscow Regional Court were unsuccessful.
2.8
On 11 October 2013, the Deputy Prosecutor of Kyrgyzstan requested the author’s
removal from the Russian Federation. On 24 January 2014, the Deputy Prosecutor General
of the Russian Federation issued a ruling authorizing the author’s extradition in order for him
to resume serving his sentence handed down on 23 April 2004 and also for his prosecution
under article 336 (1) of the Criminal Code. The author appealed to the Moscow City Court,
claiming that he feared being prosecuted in Kyrgyzstan, that he had not absconded, and that,
in the event of removal, he would be subjected to torture in Kyrgyzstan, as he was an ethnic
Tajik and minorities were persecuted there.
2.9
On 14 February 2014, the author applied for asylum with the Moscow office of the
Federal Migration Service of the Russian Federation. On 4 March 2014, that office rejected
his application, finding that he had failed to substantiate the grounds regarding his fear of
persecution in the event of extradition. The author appealed that decision with the Federal
Migration Service.1
2.10 On 9 April 2014, the Moscow City Court rejected the author’s appeals against the
ruling of the Prosecutor General’s Office allowing his extradition. On an unspecified date,
the author and his counsel appealed that decision to the Supreme Court of the Russian
Federation.
2.11 On 24 May 2014, the Federal Migration Service rejected the author’s appeal against
the negative decision issued by its Moscow office on 4 March 2014.
2.12 On 25 June 2014, the Supreme Court rejected the author’s appeal against the decision
of the Moscow City Court of 9 April 2014.

1

2

At the time of submission of the communication to the Committee, that appeal was still pending.

Select target paragraph3