Russian Federation: ICJ intervenes before European Court in a case of alleged abduction to Tajikistan

The ICJ has intervened before the European Court of Human Rights in a case of alleged abduction of a Tajik national and transfer to his country of origin where he could be at risk of torture or ill-treatment.

The International Commission of Jurists (ICJ) intervened in the case of K.F. v. Russia. K.F. had been subject to a procedure of extradition to Tajikistan to answer for terrorism-related offences there. The procedure was stalled by the interim measures issued by the European Court of Human Rights in the case. On the day of his release, for the expiry of the maximum term for detention, he disappeared. The family informed his lawyer that he was being held in a remand prison in Tajikistan.

In this submission, the ICJ provided the Court with an analysis, based on international law sources, of the positive obligations of States parties to the European Convention to ensure that no transfer is carried out of persons subject to interim measures enjoining such transfer by the European Court. The submission includes a comparative analysis of the law, jurisprudence and practice of other regional human rights systems. The ICJ also assessed the capacity of the Russian legal system to protect against transfers in violation of the Convention rights and, in particular, of the interim measures of the Court.

The ICJ concluded that the Russian authorities have not yet provided an effective protection programme that would ensure the respect of the interim measures of the European Court in cases of alleged abductions. Furthermore, the ICJ pointed out that the lack of any effective investigations and public condemnation of practices of abduction is detrimental to the effective implementation of the Court’s interim measures.

The ICJ submitted that this continued lack of compliance by Russian authorities with the rulings of the European Court affects the whole system of compliance with interim measures. The recurrence of this situation, therefore, requires the formulation of specific measures to enhance systemic changes in Russian law and practice.

Russianfederation-KF_v_Russia-ECtHR-amicus-ICJ-final-eng-2017 (download the third party intervention)

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