Published: 20 Dec 2011
Yakubov v Russia and Ergashev v Russia
Case No. 7265/10
Judgment date: 8 November 2011
Case No. 12106/09
Judgment date: 20 December 2011
In both cases, the applicants were Uzbek nationals facing expulsion from Russia to Uzbekistan where criminal proceedings were underway, accusing them of membership of banned extremist organisations. Both applicants alleged that they would be at risk of torture and/or ill-treatment in Uzbek detention facilities, and that therefore their deportation would be in violation of Art. 3 (torture and/or degrading or ill treatment). Yakubov also averred a violation of Art. 13 (effective remedy). Ergashev additionally complained that the conditions of his detention in Russia amounted to a breach of Art. 3. Furthermore, he submitted complaints under Art. 5 (deprivation of liberty), alleging that his detention was unlawful and under Art. 6 (right to a fair trial) on the basis that news broadcasts, relying on information from state officials, had described him as a terrorist and an extremist, thereby breaching the presumption of innocence.
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