CCPR/C/116/D/2193/2012
1.1
The author of the communication is K.B., a Kyrgyz national of Chechen ethnicity
born in 1977. He claims that, by extraditing him to Kyrgyzstan, the Russian Federation
would violate 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.
1.2
On 24 August 2012, pursuant to rule 92 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
requested the State party not to extradite the author to Kyrgyzstan pending consideration of
his communication. It appears from the information provided by the author’s counsel on 17
March 2015, as well as from the State party’s observations dated 11 June 2015, that the
author has been extradited to Kyrgyzstan.
The facts as presented by the author
2.1
The author lived in Kyrgyzstan. In January 2008, he was arrested and detained for
eight months on suspicion of having committed a crime under article 168, paragraph 2, of
the Criminal Code of Kyrgyzstan (robbery as part of a group of persons). In March 2010,
he was arrested again. He was tortured in order to make him confess to committing a crime.
On an unspecified date, he was released and sought refuge with relatives in Chechnya,
where he underwent treatment in an outpatient medical institution. He subsequently moved
to Moscow. He was known in the community of Kyrgyz immigrants and soon many
Kyrgyz citizens of Uzbek ethnicity who had fled after the events that had taken place in
Osh started approaching him with complaints that the employees of the Embassy of
Kyrgyzstan were demanding bribes to issue the documents necessary to allow them to stay
in the Russian Federation. The author attempted to “take all possible action” against these
acts and maintains that in response the Kyrgyz authorities fabricated criminal charges
against him.
2.2
On 19 August 2011, the author was arrested during a joint operation by Russian and
Kyrgyz law enforcement authorities, in response to an international arrest warrant. The
author submits that at the time of the arrest he was in a sanatorium in the Russian
Federation together with two other persons and that he witnessed the Kyrgyz police officers
throwing one of them out of the window. The person in question died as a result. During the
arrest, the author was injured by the arresting officers : his nose was broken and he received
multiple kicks in the face and in the chest.
2.3
On 13 September 2011, the Office of the Prosecutor General of the Russian
Federation received from the Kyrgyz authorities an extradition request dated 25 August
2011 concerning the author. A decision of the Court of Alamudinsky District concerning
the author’s measure of restraint was annexed to the request; it stated that the author was
accused of having committed a crime under article 167 of the Criminal Code of Kyrgyzstan
in June 2008 (robbery as part of a group of persons). On 14 November 2011, the DeputyProsecutor General satisfied the extradition request. The author appealed the Prosecutor’s
decision to the Moscow Regional Court on 7 December 2011, stating that in June 2008 he
had been in detention in Bishkek and could not have committed the crimes of which he was
accused. His appeal was rejected on 3 April 2012. On 9 April 2012, the author filed a
cassation appeal against that decision before the Supreme Court, which quashed the
decision of the Moscow Regional Court on 30 May 2012 and returned the case for new
examination. On 11 July 2012, the Moscow Regional Court issued a decision, again
rejecting the author’s appeal. On 17 July 2012, the author again appealed the negative
decision before the Supreme Court, but his appeal was rejected on 22 August 2012.
2.4
On 21 December 2011, the author filed an application for refugee status in the
Russian Federation. He claimed that he was being persecuted on ethnic and political
grounds as, soon after his arrival in the country in 2010, many Kyrgyz citizens of Uzbek
ethnicity who had fled after the Osh events started approaching him with complaints that
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