The Court thus lifted its own moratorium on extradition, which was imposed on October 10 2002 according to the procedures of the court “in the interests of the parties and the proper conduct of the proceedings.”
The press-release of the Court communicates that ECHR changed its previous ruling based on pledge of the Russian side to respect all rights of the prisoners during detention and not to use the capital punishment.
The case related to extradition of the Chechens from Georgia to Russia (Shamiev and 12 others vs. Russia and Georgia) was brought before the ECHR on October 4. The claimants indicate possible violation by Russia and Georgia of the Articles 2 and 3 of the Convention (right to life and prohibition of torture and inhuman or degrading treatment and punishment) and violation of the Article 5 §§ 1, 2 and 4 (the right to liberty and security) by the Georgian Government alone
Extraditions were connected to detaining on August 3-5, 2002 of two groups (13 men in total) of armed fighters near the Russian state border by the Georgian border guards. All 13 were subjected to preliminary detention by the Georgian court for a period of investigation. On October 4, five fighters were handed over to the Russian side.
As the moratorium ended, Moscow urges most rapid fulfillment of an agreement between the Russian and Georgian presidents made in Chisineau on October 6, concerning extradition of the remaining 8 prisoners to Russia.
“Moscow considers the decision of the European Court of Human Rights in Strasbourg, adopted on November 26, to satisfy protest of the Russian side against Georgia’s request to suspend extradition of certain persons, charged for terrorism and other grave crimes” – Sergei Yakovenko, spokesman of the Russian Foreign Ministry, told journalists on November 27.
As he said, “by this decision [of the court] Georgia will not have any legal grounds to decline extradition of these terrorists according to European standards and obligations under the international law”.
But the Georgian side is not rushing with its decision to extradite the detainees. Extradition shall be made in accordance with the Georgian laws and the Minsk Agreement – representative of the Georgian Justice Ministry told Civil Georgia on November 27.
Giorge Tskrialashvili, Deputy Justice Minister, told journalists that the persons, who currently are in preliminary detention in Tbilisi, will be informed about decision of the Georgian authorities concerning their extradition, and their rights for the appeal would be respected.
As the deputy minister has explained, the prisoners have right to appeal the decision of the Prosecutor General first at the district court and then at the Supreme Court of Georgia.
“The Ministry of Justice of Georgia has received a communication from the European Court of Human Rights, concerning withdrawal of the recommendation on suspension of extradition of these Chechens, who have violated the state border, to Russia” – Tskrialashvili said.
The deputy minister also said that the Georgian side will soon receive the original text of the Court’s communique, containing argumentation of the decision.
Nugzar Gabrichidze, Prosecutor General of Georgia, told independent Rustavi 2 TV that the Russian side has provided Tbilisi with additional information, concerning the detained persons, and stated, “these materials are now being thoroughly studied.” He also said that no decision has been made on extradition so far.
The investigation confirmed that two prisoners are citizens of Georgia, which means that these two cannot be and will not be extradited to Russia, said Nugzar Gabrichidze.
“If Procuracy decides to extradite [the prisoners], the decision should be confirmed by the court, and the defense may appeal the decision. Extradition will take place only if the court recognizes the decision of the Procuracy as legitimate” – Jemal Gakhokidze, deputy chairman of the National Security Council, told Interfax news agency on November 27.
by Joseph Khachidze, Civil Georgia