Thanks to the effective use of the ECHR mechanisms and the work of the advocate of Iusland Law Offices Olga Tseytlina, it was possible to prevent the extradition of the Russian citizen from Italy to Kyrgyzstan
On September 27, 2019, a Russian citizen was released from custody in Italy after a year in Rome's Regina Coeli prison in the aim of extradition to the Republic of Kyrgyzstan. This became possible with the application of Rule No. 39 of the Rules of Court of the European Court of Human Rights. In the absence of a preventive measure, he left Italy without hindrance and reunited with his wife and children in Russia on September 28, 2019.
The case was conducted by the advocate of Iusland Law Offices Olga Tseytlina together with the lawyer of the St. Petersburg Bar Svetlana Gromova.
The case was already at the final stage of the trial in the Italian Supreme Court of Cassation. A charge from Kyrgyzstan was brought against a Russian citizen in connection with his entrepreneurial activity in Kyrgyzstan. He was put on the international wanted list and detained in Italy. The only way to suspend extradition to Kyrgyzstan was to appeal to the ECHR with a request to apply Rule 39 of the Rules of Court.
Turning to the Court with a request under Rule 39, the advocates indicated that there was a personal risk for the Applicant, since the incumbent President of Kyrgyzstan, in violation of the principle of the presumption of innocence, spoke of the Applicant as the main criminal in the economic sphere. Also, according to a number of independent organizations, such as Human Rights Watch, the US State Department, the World Health Organization, the human rights situation in the Republic of Kyrgyzstan is unstable, there are human rights violations, and detainees are tortured and inhuman treatment.
On June 26, 2019, without prejudice to the merits of the case, the ECHR applied Rule No. 39 and prohibited the applicant from being extradited before the case is examined on the merits. The court on the same day communicated the case to the Italian authorities. This was the first victory in that the applicant would not be immediately sent to custody in Kyrgyzstan.
In August 2019, the parties exchanged Memoranda. There are practically no lawsuits in which Italian lawyers apply to the ECHR under Article 3 of the Convention in relation to Italy, lawyers did not know how effective this mechanism was, did not believe in it and did not use it, although the lawyer of Iusland Law Offices Olga Tseytlina often requests to the European Court in the purpose of the suspension of expulsion to countries where the life and freedom of the applicants are at risk of torture or inhuman treatment.
