CAT/C/47/D/428/2010 1.3 On 4 January 2011, the Rapporteur on new complaints and interim measures acting on behalf of the Committee decided that the admissibility should be examined together with the merits. Pursuant to rule 115 (former rule 109), paragraph 9, of the Committee’s rules of procedure, the State party was requested to give details of the effective remedies available to the alleged victim in the particular circumstances of the case and in accordance with the provisions of article 22, paragraph 5 (b), of the Convention. 1.4 On 15 May 2011, counsel informed the Committee that the complainant had been extradited to the Russian Federation on 14 May 2011. On 11 June 2011, the State party confirmed the complainant’s extradition to the Russian Federation. The facts as presented by the complainant 2.1 In 2002, the complainant opened his own company and worked as a financial advisor and analyst in Yekaterinburg, the Russian Federation. In 2003, due to a significant increase in transactions and clients, the complainant associated himself with three wellknown businessmen of the region, Alexander Habarov, Alexander Varaksin (both members of the Duma) and Andrei Shatov. From 2003 to 2005, the complainant collaborated professionally with a local bank “Bank24.Ru” and his financial advice and management significantly increased the banks financial capacity and ranking among regional banks. In exchange for his services, the complainant was entitled to a “stock option” on 20 per cent of the share capital if specific results were met. As of 2004, the complainant noticed that the bank’s economic growth had attracted the interest of local organized crime. A local organized crime group, in complicity with two members of the bank’s board of directors, a body the complainant was not part of, managed to gain control over several local companies, including some which belonged to the complainant’s partners. Such acquisitions were performed according to the traditional pattern employed by the organized crime group, notably, small shareholders were compelled to transfer their shares to companies under the control of the organized crime group until the latter had enough financial power to gain control of the target company. Having become aware of such criminal conduct, the complainant informed his partners thereof. The complainant’s partners reported the facts to the authorities; however their complaints were either dismissed or never investigated. In December 2004, the complainant’s partner, Mr. Habarov, was arrested on charges which turned out to be ill-founded. He allegedly committed suicide in prison. 2.2 In January 2005, the complainant moved to St. Petersburg, fearing that he could be in serious danger if his relationship to his three dormant partners would become known to the organized crime group. In St. Petersburg, the complainant founded a trading school and a charity. He maintained contacts with the bank because he had to exercise control over the fulfilment of the stock option agreement. In April 2006, the complainant returned to Yekaterinburg, with the intention to further investigate the financial transactions of the bank, and discovered that the bank had gained control over Global Gamin Expo, a company of small and medium investors, for the purpose of collecting the cash flow needed to fund the unlawful operations of acquisition carried out by the local organized crime group. The complainant tried to slowly reduce the investment flow of the bank to prevent cash from flowing into criminal activities; however those officers from the bank involved with the organized crime group continued their activities by diverting funds from small and medium investors. The complainant informed his partner, Mr. Varaskin, who decided to report the facts to the judiciary and to make clear his real relationship with the complainant. After a few weeks, the complainant received a warning from a high-ranking officer in the bank, who told him that the organized crime group planned to kill him and his partner, Mr. Varaskin. The complainant decided to report the facts to the judicial authorities in Yekaterinburg and set up a website containing a description of the facts and documents. 3

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