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06.11.18
Urgent Interventions

Open Letter to Mr. Marjan Šarec Prime Minister of Slovenia - Halt extradition of Mikhail Mayorov to Russia


OPEN LETTER TO MR. MARJAN ŠAREC

PRIME MINISTER OF SLOVENIA

Via Email <gp.kpv@gov.si>

Geneva, 6 November 2018

Re: Halt extradition of MikhailMayorov to Russia

Dear Prime Minister,

The World Organisation AgainstTorture (OMCT), the leading global network of civil society organisationsagainst torture, summary executions, enforced disappearances and all othercruel, inhuman or degrading treatment or punishment in the world, iswriting to you to express its grave concern and to call upon your interventionin relation to the case of the following individual currently detained in Koperprison.

The OMCT has been informed by the NGOCommittee Against Torture, a member of the OMCT SOS - Torture Network, aboutthe case of Mr. Mikhail Mayorov, a 58 y.o. Russian national, who is currentlydetained in Koper prison on an international arrest warrant issued by theRussian Federation.

According to the informationreceived, Mr. Mayorov and another Russian national, Mr. Nikolay Sharov, werearrested in 2011, subjected to torture in order to obtain a confession butultimately acquitted by a jury in 2013. However, in 2015 Mr. Sharov wasrearrested and sentenced to 22 years in prison on the same charges. The Russianauthorities then issued an international arrest warrant against Mr. Mayorov,who had been living legally in Poland since early 2015.

On September 19, 2018 the NGOCommittee Against Torture lodged an application against Russia before theEuropean Court of Human Rights on behalf of Mr. Sharov, alleging, among others,violations of Articles 3 (prohibition of torture) and 6 (fair trial) of theEuropean Convention on Human Rights.

On 30 September 2018 Mr. Mayorov requestedthe Ministryof Internal Affairs of Slovenia, on the basis of the International ProtectionAct (ZMZ-1), to provide him with protection in connection with the fact that extraditionto Russia would expose him to a real risk of torture, false imprisonment andunfair trial in Russia.

Today the NGO Committee AgainstTorture lodged an application against Slovenia before the European Court ofHuman Rights on behalf of Mr. Mayorov, along with a request for the indicationof interim measures under Rule 39 of the Rules of Court, alleging that hisextradition to Russia will expose him to a real risk of torture and unfaircriminal proceedings in violation of Articles 3 and 6 of the EuropeanConvention on Human Rights.

Copies of the above applications tothe European Court of Human Rights, as well as documentary evidence of theabove violations can be provided to your government by the NGO CommitteeAgainst Torture.

International human rights bodieshave repeatedly criticised Russia in the past for failing to addressallegations of torture and the use of evidence tainted by torture in criminaltrials. The European Court of Human Rights first condemned Russia in 2006 for theuse of torture in another case (appl. No. 77617/01) represented by the NGOCommittee Against Torture, and has issued more than 120 similar judgments againstRussia since. In August 2018 the UN Committee against Torture was “deeplyconcerned at numerous reliable reports of the practice of torture andill-treatment in the [Russian Federation], including as a means to extractconfessions.”

The OMCT reiterates that extraditionto a country where a person is exposed to a real risk of torture and unfaircriminal proceedings is prohibited by the European Convention on Human Rights.

Accordingly, the OMCTrespectfully urges the authorities of Slovenia to:

· to haltthe extradition of Mr. Mayorov to Russia and

· toallow him to return to Poland in order to provide him with an opportunity tochallenge the international arrest warrant from there.

In the hope that the concernsexpressed in this letter will receive the attention they deserve, we remain atyour disposal for any further information.

Yours sincerely,

Gerald Staberock

Secretary General

OMCT

Copies to:

- Minister of Justice Ms. AndrejaKatic, Email <gp.mp@gov.si>

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