CAT/C/47/D/428/2010
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-seventh
session)
concerning
Communication No. 428/2010
Submitted by:
Alexey Kalinichenko (represented by
counsel, Anton Guilio Lana and Andrea
Saccuci)
Alleged victim:
The complainant
State party:
Morocco
Date of complaint:
12 August 2010 (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 25 November 2011,
Having concluded its consideration of complaint No. 428/2010, submitted to the
Committee against Torture by Anton Guilio Lana and Andrea Saccuci on behalf of Alexey
Kalinichenko under article 22 of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment,
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, paragraph 7, of the Convention against
Torture
1.1
The complainant of the communication, dated 12 August 2010, is Alexey
Kalinichenko, a Russian national, born on 13 July 1979. He claims that his extradition to
the Russian Federation would constitute a violation by Morocco1 of article 3 of the
Convention. He is represented by counsel, Anton Giulio Lana and Andrea Saccuci.
1.2
Under rule 114 (former rule 108) of its rules of procedure (CAT/C/3/Rev.5), the
Committee requested the State party, on 13 August 2010, not to extradite the complainant
to the Russian Federation while his communication is under consideration by the
Committee. On 20 October 2010, 4 January 2011 and 11 May 2011 the request for interim
measures was reiterated.
1
On 19 October 2006, Morocco accepted the competence of the Committee against Torture to receive
individual complaints under article 22 of the Convention.
2