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Mamatkulov and Askarov v. Turkey
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Prohibition of torture — European Convention on Human Rights, 1950, Article 3 — Whether applicants facing real risk of treatment proscribed by Article 3 in Uzbekistan — Evidence — Assessment at date of extradition — Turkey failing to comply with interim measure indicated under Rule 39 — Court being prevented from assessing risk in appropriate manner — Whether Turkey violating Article 3
Human rights — Right to fair trial — European Convention on Human Rights, 1950, Article 6(1) — Whether applying to extradition proceedings in Turkey — Whether violation of Article 6(1) concerning criminal proceedings in Uzbekistan — Whether risk of flagrant denial of justice — Evidence at time of extradition — Unavailability of additional information — Turkey failing to comply with indication — Whether Turkey violating Article 6(1)
Human rights — Right of individual application — European Convention on Human Rights, 1950, Article 34 — Turkey failing to comply with measures indicated under Rule 39 of Rules of Court — Whether Turkey breaching its Article 34 undertaking not to hinder applicants in exercise of right of individual application
International tribunals — Interim measures — Scope — Whether binding — Convention system — General principles of international law — Vienna Convention on the Law of Treaties, 1969 — Relevant international case law — European Court of Human Rights, Rule 39 of Rules of Court
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