Kaboulov v. Ukraine

Ban on extradition to Kazakhstan


One may note that the Court last year ruled more or less on the same issues, but then in respect to Turkmenistan. See my earlier post here. It seems that large parts of Central Asia are turning into no-go areas. If these countries ever want to have suspects extradited to them from any ECHR state party, they will have to get their act together and improve both their combat against torture and the conditions of their detention facilities. If this would indeed happen in the future, this would be an interesting de facto extraterritorial effect of Convention norms. The only possible alternative is credible assurances by Kazakhstan that the individual in question would not face the risk of treatment contrary to Article 3, but these assurances would have to be very credible in order for the Court to accept that they sufficiently countered the generally existing situation.



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Reference Info:Decision | Ukraine

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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