The case was successfully considered the complaint of the applicant for non-compliance with the procedure established by law during the consideration of the case. The case has violated the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2014, the complainant was assisted in preparing a аpplication. Subsequently, the аpplication was communicated to the Russian Federation.
In his complaint, the complainant, a citizen of Uzbekistan living in the city of Moscow, claimed that he was detained for the purpose of extradition to Uzbekistan, where he could be subjected to torture. He also complained of non-compliance with the procedure established by law during the proceedings.
On January 26, 2017, on the complaint filed by the applicant, the European Court unanimously decided that in this case the authorities failed to fulfill their obligations in accordance with Article 38 of the Convention (creating the necessary conditions for effective consideration of the complaint by the European Court) and violated the requirements of Article 3 of the Convention ( the prohibition of torture) in its substantive and procedural aspects, and ordered the authorities of the respondent state to pay the applicant 19,500 euros in respect of non-pecuniary damage. The European Court did not find a violation of Article 34 of the Convention (impeding the effective exercise of the right to complain).
ECHR ruling dated January 26, 2017 in the case of Khamidkariev v. Russia (аpplication No. 42332/14).