Decision; Subjects: SERBIA, TORTURE AND OTHER CRUEL TREATMENT; [CAT: UNO-Antifolterkonvention, Übereinkommen gegen Folter; Convention contre la torture; Convenzione contro la tortura]
Volltext (verifizierbarer Originaltext)
GE.26-08144 (E) 160626 170626 Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 1145/2022*, ** Communication submitted by: A.S. (represented by counsel, Nikola Ristovic and Mina Radoncic) Alleged victim: The complainant State Party: Serbia Date of complaint: 8 August 2022 (initial submission) Substantive issue: Risk of torture upon deportation to Kyrgyzstan 1. The complainant is A.S., a national of Kyrgyzstan of Uzbek ethnic origin. He alleges that his extradition to Kyrgyzstan would amount to a violation by the State Party of his rights under articles 3, 14 and 15 of the Convention. He claims that he faces a risk of torture and ill-treatment by law enforcement authorities, a risk of denial of fair trial guarantees in the context of criminal proceedings against him and a lack of access to an effective remedy for potential acts of torture or ill-treatment upon return, in view of the nature of the charges against him and his Uzbek ethnicity. The complainant is represented by counsel. 2. On 10 August 2022, the communication was registered and the request for interim measures was granted. The State Party was requested to refrain from extraditing the complainant to Kyrgyzstan while his communication was under consideration by the Committee. 3. Also on 10 August 2022, the State Party was requested to provide, within six months, its observations on both the admissibility and the merits of the complainant’s allegations. On 24 March 2023, the State Party submitted its observations on admissibility and the merits. 4. On 15 January 2024, the complainant was requested to submit his comments on the State Party’s observations no later than 15 March 2024. On 8 December 2025, the complainant was sent a final reminder to submit his comments. 5. At its meeting on 17 April 2026, in view of the fact that the complainant had not submitted his comments and the Committee had no further means of contacting him, the Committee decided to discontinue its consideration of communication No. 1145/2022.
* Adopted by the Committee at its eighty-fourth session (13 April–1 May 2026). ** The following members of the Committee participated in the examination of the communication: Jorge Contesse, Lorena González Pinto, Claude Heller, Erdogan Iscan, Peter Vedel Kessing, Liu Huawen, Maeda Naoko, Moulaye Abdallah Moulaye Abdallah, Ana Racu and Abderrazak Rouwane. United Nations CAT/C/84/D/1145/2022 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 17 June 2026 Original: English