T.K. and S.R. v. Russia, Nos. 28492/15 and 49975/15, ECtHR (Third Section), 19 November 2019

Judicial cooperation in criminal matters. Serious risk of torture or ill-treatment in case of extradition of the applicant to the Requesting State. Diplomatic assurances.

Art. 3 ECHR

1. The Contracting States have the right, as a matter of international law, to control the entry, residence and expulsion of aliens. However, the expulsion or extradition by a Contracting State may give rise to an issue under Article 3 ECHR, and hence engage the responsibility of that State under the Convention, where substantial grounds have been shown for believing that the individual concerned, if deported, faces a real risk of being subjected to treatment contrary to Article 3 ECHR.
2. A general problem concerning human-rights observance in a particular country cannot alone serve as a basis for refusal of extradition and even a general situation of violence will not normally in itself entail a violation of Article 3 ECHR in the event of removal to the country in question. Where the sources available to the Court describe a general situation, an applicant’s specific allegations in a particular case require corroboration by other evidence, with reference to the individual circumstances substantiating his fears of ill-treatment (case in which the Strasbourg Court rejected the complaints alleged by two ethnic Uzbeks, being satisfied with the assurances provided by the Kyrgyz authorities concerning their compliance with certain human rights standards in the event of the applicant’s extradition; emphasizing, in particular, the existence of a joint monitoring mechanism, involving visits by Russian diplomatic staff to detention centres holding extradited persons). 

The case was referred to the Grand Chamber on the 15th of April 2020.