CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 19 février 2013

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .s85A66119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:14pt } .sE208486F { font-family:Arial; color:#ff0000 } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sC443675D { margin-top:36pt; margin-bottom:30pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sD2857263 { margin-top:30pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s401C450A { margin-top:12pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s7EE1C8F0 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s11869A80 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s684F2214 { margin-top:18pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s25BD2B45 { margin-top:24pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s984A15CA { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sD5DF731 { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .sC702907E { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sEC2CB098 { margin-top:6pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .sA1CDB767 { margin-top:6pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s281358E1 { margin-top:12pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sFD4D42B6 { margin-top:12pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sB6F98828 { margin-top:12pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s360DA689 { margin-top:18pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8378218E { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s1913A4C6 { margin-top:6pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s8F4EE4B8 { margin-top:6pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s93EDF1FF { margin-top:18pt; margin-left:17.85pt; margin-bottom:30pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s90647315 { margin-top:30pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s988F61DE { margin-top:12pt; margin-left:21.25pt; margin-bottom:18pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s21F08A35 { margin-top:18pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sF023082F { margin-top:0pt; margin-bottom:0pt; text-indent:21.3pt; text-align:justify } .sF961BE1F { margin-top:0pt; margin-bottom:18pt; text-indent:21.3pt; text-align:justify } .s6477A72F { margin-top:0pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .sCA92750 { margin-top:12pt; margin-left:21.25pt; margin-bottom:42pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sD777C0A5 { margin-top:42pt; margin-bottom:30pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s9F223FEE { margin-top:18pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s40E9DAE9 { margin-top:12pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s3E2DB4A0 { margin-top:18pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8A9F351B { margin-top:12pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sC31874BD { margin-top:24pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s677DA8A { margin-top:18pt; margin-left:48.75pt; margin-bottom:18pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8C50CFA1 { margin-top:18pt; margin-left:59.5pt; margin-bottom:6pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sCA71A5BA { margin-top:12pt; margin-left:59.5pt; margin-bottom:6pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s507703F { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .sB1BD30C0 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s804EF768 { margin-top:24pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s4E51A0D7 { margin-top:6pt; margin-bottom:0pt; text-indent:21.3pt; text-align:justify } .s8E011338 { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s56E27C8 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sC1F0960A { margin-top:24pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-after:avoid } .s88A92475 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s3B3A5DE9 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .sAB173E38 { margin-top:12pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .s127C7598 { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s81CCF55C { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .s48DB3670 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s507451D6 { width:4.53pt; display:inline-block } .sF4F12EF6 { width:180.75pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }       FIRST SECTION           CASE OF YEFIMOVA v. RUSSIA   (Application no. 39786/09)             JUDGMENT     STRASBOURG   19 February 2013   FINAL   08/07/2013   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Yefimova v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Isabelle Berro-Lefèvre, President,   Elisabeth Steiner,   Khanlar Hajiyev,   Linos-Alexandre Sicilianos,   Erik Møse,   Ksenija Turković,   Dmitry Dedov, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 29 January 2013, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 39786/09) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Kazakhstani national, Ms Veronika Yefimova (“the applicant”), on 27 July 2009. 2.     The applicant was represented by Mr K. Baranovskiy, Mr   S.   Brovchenko and Ms V. Bokareva, lawyers practising in Moscow. The Russian Government (“the Government”) were represented by Mr   G.   Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights. 3.     The applicant alleged, in particular, that extradition to Kazakhstan would expose her to a risk of ill-treatment, that her detention pending extradition had been unlawful and she had been unable to obtain judicial review of it, that her appeals against the detention orders had not been examined speedily, and that she had not had effective remedies in respect of her grievance concerning the risk of ill-treatment in case of extradition. She relied on Articles 3, 5 §§ 1 and 4 and 13 of the Convention. 4.     On 23 June 2010 the President of the First Section decided to apply Rule 39 of the Rules of Court, indicating to the Government that the applicant should not be extradited to Kazakhstan until further notice, and granted priority treatment to the application under Rule 41 of the Rules of Court. 5.     On 26 August 2010 the President of the First Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (former Article 29 § 3). 6.     The Government and the applicant each submitted further written observations, in February and May 2012. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 7.     The applicant was born in 1966 and lived in Almaty, Kazakhstan. She currently resides in Moscow, Russia. A.     The background to the case, as submitted by the applicant, and her arrival in Russia 8.     In 2005-08 the applicant occupied the post of head of the corporate business department of the TuranAlem Bank (“the BTA Bank”), a private bank established in Kazakhstan and chaired at the material time by Mr   M.   Ablyazov. 9.     In 2001 Mr Ablyazov was involved in politics; he founded an opposition movement, Demokraticheskiy Vybor Kazakhstana (Democratic Choice for Kazakhstan) and in 2002 he was convicted of corruption, many international observers considering his trial to be politically motivated. In the applicant’s submission, at the material time she had remained Mr   Ablyazov’s political supporter by replacing him as the head of a private company, Astana Holding, established by him. The applicant did not provide any further details of her alleged support for Mr   Ablyazov. After his release following a presidential pardon in 2003, Mr   Ablyazov had announced that he would devote his time to business and refrain from active participation in politics. In 2005 he had become the Chairman of the Board of Directors of the BTA Bank. 10.     In February 2009 the BTA Bank was nationalised due to its difficult financial situation. In the applicant’s submission, the nationalisation of the bank was a raider attack and a covert attempt to suppress the opposition movement. According to the applicant, bank employees, including herself, had denounced the nationalisation of the bank as unlawful. 11 .     On 23 February 2009, while the applicant was on inpatient treatment in a private hospital, the Deputy Prosecutor-General of Kazakhstan, Mr   A.D., and the deputy head of the Committee on National Security (“the CNS”) burst into the intensive care ward she was in, despite the objections of the medical staff, told her that criminal proceedings would be opened against Mr Ablyazov in connection with his opposition activities, and threatened her that they would prevent her from obtaining medical assistance and would institute reprisals if she refused to follow their instructions in the forthcoming criminal proceedings. They also told her that the question of whether she would be found guilty in those proceedings would not depend on the courts but on the leaders of Kazakhstan. 12.     On 1 March 2009 the applicant arrived in Russia with her minor daughter, who was, at the material time, two years old. On 15 May 2009 the applicant left for Azerbaijan and on 4 June 2009 she returned to Russia to receive medical treatment. 13.     On 3 July 2009 the applicant was arrested with a view to her extradition. 14.     In July 2011 Mr Ablyazov was granted asylum in the United Kingdom. B.     Criminal proceedings against the applicant in Kazakhstan 1.     Criminal proceedings against the applicant 15.     On 2 March 2009 the Prosecutor General’s Office of Kazakhstan (hereinafter also “the Kazakhstan GPO”) instituted criminal proceedings against Mr Ablyazov and over twenty other individuals, including the applicant, on suspicion of large-scale misappropriation of the property of the BTA Bank. The case file was given the number 095751701710001. 16.     On 6 March 2009 the Kazakhstan GPO charged the applicant with large-scale misappropriation of BTA Bank financial assets, committed in an organised group under the direction of Mr Ablyazov and with the use of her position (Article 176 § 3 (a) and (b) of the Kazakhstani Criminal Code (“KCC”). The decision stated that between 2005 and 2008 the applicant, who had been head of the corporate business department of the BTA Bank and had “a relationship of trust” ( доверительные отношения ) with Mr   Ablyazov owing to having previously worked with him, had taken an active part in the misappropriation of the bank’s financial assets. In particular, in collusion with other bank employees she had been involved in registering, and had herself registered, numerous sham offshore companies affiliated to or controlled by Mr   Ablyazov and his accomplices, and had approved those companies’ loan requests on conditions obviously disadvantageous for the bank. She further supervised the implementation of the relevant decisions of the bank loan committee. The financial assets thereby transferred to the sham companies were then legalised through series of multi-step transactions and were deposited in foreign banks on accounts belonging to companies controlled by or affiliated with Mr   Ablyazov and his accomplices; the loans were never paid back. 17.     On 11 March 2009 the Medeuskiy District Court (Almaty) ordered the applicant’s placement in custody, referring to the fact that she was fleeing to avoid criminal prosecution. 18.     On 17 March 2009 the Kazakhstan GPO put the applicant’s name on an international wanted list. 19.     On 21 March and 17 July 2009 the Kazakhstan GPO charged the applicant with further counts of misappropriation of bank property, committed under the same scheme as described in the decision of 6 March 2009. 20 .     On an unspecified date the Kazakhstani investigating authorities severed the criminal case concerning misappropriation of BTA Bank property against a number of bank employees, gave it the number 0951701710002, and sent it for trial to the Almatinskiy District Court. The list of accused in those proceedings did not include the applicant. 21 .     On 15 September 2009 the Almatinskiy District Court dismissed an application by Ms K., a lawyer appointed by the applicant to represent her interests in criminal proceedings in Kazakhstan, to allow Ms K. to participate in the proceedings in case no.   0951701710002, on the ground that the applicant was not party to the criminal proceedings in the severed criminal case in question. 2.     Statements by some Kazakhstani public officials concerning the BTA Bank and the related criminal proceedings 22 .     On 10 August 2009, during a briefing for the media concerning the preliminary investigation in the criminal case against Mr Ablyazov and other employees of the BTA Bank, representatives of the Kazakhstan GPO made the following statement: “... Some of the individuals misled and threatened by [Mr Ablyazov] have left the country ... The investigating group wishes to inform those persons whose names were put on a wanted list that the investigation is prepared to consider their lawyers’ applications for their return to Kazakhstan, so that they can be party to the continuing investigation ... At the same time the investigating group warns all those who are deliberately spreading unreliable information in the mass media , ... rumours aimed at creating a negative public attitude. The group considers such acts unlawful and creating a deliberate threat to social stability and the interests of the State.” 23 .     According to an article published on 26 February 2010 at the site newskaz.ru, during a meeting with Kazakhstani businessmen President Nazarbayev allegedly made the following statement to businessman S., who, among other people, had in 2002 signed a petition to Mr Nazarbayev, asking for a pardon for Mr Ablyazov: “A group of his [Mr Ablyazov’s] friends, including you, wrote me a letter, swearing ... that he would serve his fatherland. He [Mr Ablyazov] spat in your face and the faces of all those around here, I won’t give [their] names, his friends, and you should bear responsibility”. 24.     It appears that the meeting and Mr Nazarbayev’s statement were recorded and that the video recording was subsequently submitted by the applicant to the Russian courts in the extradition proceedings (see paragraph   52 below). C.     Asylum proceedings 25 .     In August 2009 the applicant applied to the Moscow branch of the Federal Migration service (“the Moscow branch of the FMS”) for asylum. In her application she submitted that since 2005 she had been employed by the BTA Bank, headed by Mr Ablyazov, a prominent opposition figure in Kazakhstan, who, before his appointment as head of the BTA Bank had been persecuted in 2002 and had served a prison sentence in connection with his political activities. In February 2009 the bank was nationalised by the Kazakhstani Government, which in fact was a raider attack on it, following which she had left Kazakhstan, fearing persecution by the authorities. A criminal case had been opened against Mr Ablyazov and against over twenty other employees of the bank, including the applicant. 26 .     The applicant claimed that she feared that if returned to her home country she would be subjected to torture. In that connection she referred to an incident on 23 February 2009, in which two high-ranking Kazakhstani officials had told her that criminal proceedings against Mr Ablyazov would be opened, and threatened her with reprisals and with preventing her from access to medical assistance if she refused to cooperate with them and give statements incriminating Mr Ablyazov. They also claimed that the national courts would take a decision in the criminal case which was to be opened, and that that decision would be dictated to them by the leaders of the country. Hence, the applicant concluded that her criminal prosecution in Kazakhstan was politically motivated and that she would run a risk of ill ‑ treatment and be denied a fair trial if she returned to her home country. She also referred to various reports from international organisations describing the problem of ill-treatment of detainees in Kazakhstan.   27.     After she had made her asylum request, officers of the Moscow branch of the FMS interviewed the applicant on several occasions in the remand centre in the presence of her lawyers, and were provided with access to the materials of the extradition check (a series of enquiries and background checks made prior to taking a decision on an extradition) conducted by the Russian Prosecutor General’s Office (hereinafter also “the Russian GPO”). 28 .     On 4 December 2009 the Moscow branch of the FMS dismissed the applicant’s asylum request. The authority reasoned that the analysis of the information and materials available to it indicated that the applicant had never been involved in any political or public activities in Kazakhstan. Referring to reports from Human Rights Watch and the US State Department issued in 2008 and 2009 respectively the decision further stated that those bodies had noted that there had been some progress in Kazakhstan towards democratisation, although there were at the same time problems with freedom of expression and corruption. The authority stressed that the applicant had applied for asylum only after her arrest with a view to extradition, and concluded that her application had been motivated by her wish to avoid criminal prosecution for economic crimes. 29.     The applicant appealed against the decision, stressing that the criminal prosecution was politically motivated and reiterating the arguments contained in her asylum application. 30 .     On 22 April 2010 the Zamoskvoretskiy District Court in Moscow (“the district court”) upheld the decision of 4 December 2009. It noted that the applicant had not adduced any reasons to substantiate her fear of political persecution in Kazakhstan. She had applied for asylum only after her arrest in July 2009, whilst she had arrived in Russia on 1 March 2009. Hence, her application was prompted not by the fear of being persecuted in Kazakhstan but by the fact that she was facing criminal prosecution there. 31 .     On 15 June 2010 the Moscow City Court dismissed the applicant’s appeal against the decision of 22 April 2010, reiterating the reasoning of the district court. D.     Extradition proceedings against the applicant 32.     On 3 July 2009 the applicant was arrested in Moscow as a person wanted by the Kazakhstani authorities. 33 .     By a letter of 8 July 2009 the Kazakhstan GPO lodged with their Russian counterpart a formal request for the applicant’s extradition. By the same letter it assured the Russian GPO that the applicant’s criminal prosecution was not politically motivated or based on any discriminatory grounds, and that after the termination of the criminal proceedings and after serving any sentence she would be free to leave Kazakhstan. 34.     On 27 July 2009 the Russian Ministry of Foreign Affairs informed the Russian GPO, in reply to their request, that they had no information on any circumstances which would preclude the applicant’s extradition. 35 .     By a letter of 28 September 2009 the Kazakhstani GPO informed their Russian counterpart that they had examined the applicant’s lawyer’s complaint about an incident in the private hospital in February 2009 and had interviewed the hospital personnel. They enclosed copies of records of interviews with the head of the private clinic and three doctors who had been directly responsible for the applicant’s treatment, dated 22 September 2009. According to those documents, the interviewees confirmed that the applicant had undergone inpatient treatment in the hospital between 12   and   26 February 2009 in connection with a stroke. They further stated that they had no information that she had received any visits from law-enforcement authorities during her stay in the hospital, that the applicant had not told them about any such visits, and that they had not been contacted by such authorities in respect of the applicant while she was in hospital. They further stated that there was no intensive care ward in the hospital. Doctor B. also stated that in mid-March 2009 officials of the CNS had asked her whether the applicant had previously been treated in the hospital and whether B. had any information on her current whereabouts. B. further stated that she had informed her immediate superior, Doctor Zh., of that fact and that if the applicant had been visited earlier by law-enforcement officials in the presence of nurses while she was in the hospital they would have informed B. of that fact. 36.     On 7 December 2009 the Moscow branch of the FMS informed the Russian GPO that on 4 December 2009 it had dismissed the applicant’s request for asylum. 37 .     On 9 February 2010 the Kazakhstan GPO assured their Russian counterpart that if extradited the applicant would be provided with adequate medical assistance, account being taken of her state of health. The letter was signed by Deputy Prosecutor General Mr A.D. 38 .     On 21 April 2010 the Deputy Prosecutor General of Russia decided to extradite the applicant to Kazakhstan. The decision stated, in particular, that the applicant was charged with large-scale repeated embezzlement committed in an organised group and with the use of her position, which was an offence under Article 160 of the Russian Criminal Code (“the CC”) and carried a penalty of over one year’s imprisonment. The limitation period for criminal prosecution had not expired. The applicant had not acquired Russian citizenship and there were no circumstances precluding her extradition. 39.     The applicant appealed against the extradition order, submitting that her criminal prosecution was politically motivated; that she ran a risk of being tortured by the investigating authorities in Kazakhstan with a view to obtaining statements incriminating Mr   Ablyazov, with whom they considered she enjoyed a “relationship of trust”; that high-ranking Kazakhstani officials had already threatened to prevent her from getting access to medical assistance if she refused to cooperate; and that one of those officials was Mr A.D., who subsequently assured the Russian authorities that she would be provided with medical assistance. She also asserted, with reference to reports from various international organisations, that the requesting country had a poor human rights record, especially as regards torture of detainees and conditions of detention and medical care provided to detainees, and that the latter fact was particularly alarming because of her health problems. 40.     In the extradition proceedings the applicant was represented by four lawyers of her choosing. 1.     First round of court proceedings 41.     On 27 May 2010 the Moscow City Court informed the Kazakhstan Ministry of Foreign Affairs that it was examining the applicant’s appeal against the extradition order and, referring to her arguments, requested to verify those submissions. A copy of the letter was forwarded to the Russian Ministry of Foreign Affairs. 42 .     By a letter of 4 June 2010 the Kazakhstani GPO assured their Russian counterpart that in the event of her extradition the applicant would not be subjected to torture or ill-treatment, and that she would be secured a right to a fair and public trial respecting the principle of adversarial proceedings. 43 .     By a letter of 16 June 2010 the Deputy Minister of Foreign Affairs of Kazakhstan informed the Russian GPO and the Moscow City Court that, in addition to the assurances previously given in respect of the applicant, the relevant Kazakhstani authorities guaranteed that in the event of her extradition the applicant would not be subjected to ill-treatment or torture; that her prosecution was not politically motivated; and that she would be guaranteed the right to a fair trial respecting the principles of a public hearing and adversarial proceedings. If extradited, the applicant would be held in a detention facility under the authority of the Ministry of Justice. Lastly, at any stage of criminal proceedings against the applicant the competent representatives of the Russian authorities would be granted access to her in detention with a view to verifying whether the Kazakhstani authorities complied with their undertakings.   44.     On 18 June 2010 the Moscow City Court (“the City Court”) dismissed the applicant’s complaint about the extradition order. It found that her allegations of political persecution, risk of torture and denial of fair trial were unsubstantiated and speculative, and had already been examined and dismissed as unfounded in the asylum proceedings. It further held that the assurances provided by the Kazakhstani authorities, and concerning specifically the applicant’s situation, negated the risk of ill-treatment, as well as refuted her submissions that her criminal prosecution was politically motivated. 45 .     On 20 October 2010 the Supreme Court of Russia (“the Supreme Court”) allowed the applicant’s complaint and set aside the City Court decision, finding, among other things, that the first-instance court had unlawfully dismissed the applicant’s request to append to the case file a number of materials adduced by her and her lawyers and concerning the human rights situation in Kazakhstan, including several articles from newspapers on the adoption of the law proclaiming President Nazarbayev “leader of the nation”. The case was remitted at that level of jurisdiction for a fresh examination and with a new panel of judges. The City Court was instructed to examine thoroughly the applicant’s arguments against extradition, in particular in light of the case-law of the European Court of Human Rights. 2.     The second round of court proceedings 46 .     By a letter of 3 December 2010 the Kazakhstan GPO reiterated to their Russian counterpart the assurances given in respect of the applicant in their previous letters of 8 July 2009 as well as 9 February and 4 and 16   June 2010. 47 .     On 8 December 2010 the City Court upheld the extradition order. The court noted that the applicant’s submissions concerning the risk of ill ‑ treatment and the political motivation behind her criminal prosecution had already been checked and dismissed in the asylum proceedings. Furthermore, they were speculative. It further observed that the European Court’s judgments in the cases of Klein v. Russia and Baysakov v. Ukraine , as well as the report of the US State Department issued in 2009 about torture in Kazakhstan, did not concern the applicant’s specific situation, whilst her submissions concerning the risk of ill-treatment and denial of fair trial were refuted by extensive assurances issued not only by the appropriate Kazakhstani authorities but specifically in respect of the applicant. 48 .     On 2 February 2011 the Supreme Court allowed the applicant’s appeal, quashed the City Court decision and remitted the case for a fresh examination with a different panel of judges. The court found that the City Court had failed to conduct a thorough examination of the applicant’s allegations concerning the human rights situation in Kazakhstan, and that in dismissing them it had relied on the assurances given by the Kazakhstani authorities. However, the City Court had failed to assess the reliability of those assurances in the light of the requirements of the case-law of the European Court of Human Rights. 3.     The third round of proceedings 49.     On 2 March 2011 the Kazakhstan GPO assured their Russian counterpart that in the event of her extradition it would be open to the applicant to challenge the Kazakhstani court detention order in the courts. 50.     On 24 March 2011 the City Court upheld the extradition order in respect of the applicant. It reiterated that the FMS had already checked and dismissed the applicant’s arguments regarding political persecution. It further noted that, after examining numerous reports from NGOs on the situation in Kazakhstan, the relevant judgments of the European Court, and articles and publications in the media adduced by the applicant in support of her submissions, it was not persuaded that she had furnished convincing evidence to substantiate her fear of ill-treatment and denial of fair trial. It also considered that those submissions had been effectively refuted by the extensive assurances provided by duly authorised Kazakhstani authorities. 51 .     On 20 July 2011 the Supreme Court set aside the decision of the City Court on the applicant’s appeal and remitted the case for examination at first instance with a different panel of judges. The Supreme Court noted that the Kazakhstani authorities had given an assurance that the applicant would not be subjected to torture after the Russian GPO had already approved the extradition order in respect of the applicant, and that the City Court was to examine more thoroughly the applicant’s submissions concerning the risk of ill-treatment and the political motivation behind her prosecution. 4.     Fourth round of proceedings 52 .     On 21 September 2011 the City Court upheld the extradition order. It reiterated that the applicant’s submissions concerning the risk of ill ‑ treatment and denial of fair trial, as well as political persecution, had already been assessed and dismissed in the asylum proceedings. It went on to note that, after examining those arguments itself, as well as the abundant materials submitted by her, which included reports from various governmental and non-governmental organisations on the human rights situation in Kazakhstan, judgments of the European Court, articles published in the media, and relevant public statements by Kazakhstani officials, as well as video materials, it considered that the applicant had failed to produce convincing evidence to substantiate her submissions that she would be at risk of ill-treatment and denial of fair trial. With reference to the Dzhaksybergenov judgment (no. 12343/10, 10 February 2011) it pointed out that the European Court had recently refused to take the view that a total ban on extradition to Kazakhstan was called for, and that the Court had mentioned that the proceedings against the management of the BTA Bank had nowhere been referred to as politically motivated. 53 .     The City Court further dismissed as unfounded and unconvincing the applicant’s submissions concerning the threats she had allegedly received in Kazakhstan and in Russia and the statements of public officials she referred to, relying, among other things, on the materials of the extradition check conducted by the Russian GPO and other materials, including the video record examined by the court. The court noted that none of the statements it had examined was addressed specifically to the applicant. It also found that her state of health was not such as to bar her extradition and that the fact that Mr Ablyazov had been granted political asylum in the United Kingdom and opined that the criminal proceedings against the applicant were politically motivated was not such as to call into question the lawfulness of the extradition order in respect of the applicant. 54 .     The court further considered that the applicant’s allegations that she was at risk of ill-treatment and denial of a fair trial were, moreover, effectively refuted by the extensive assurances given by the relevant Kazakhstani authorities, and found that her argument that in the event of her extradition the Russian authorities would not take any action to monitor their Kazakhstani counterpart’s compliance with their undertakings was speculative. 55 .     On 12 January 2012 the Supreme Court upheld the extradition order, endorsing the reasoning of the City Court. It held that the applicant had not put forward any convincing arguments suggesting that she would be subjected to mistreatment or denied a fair trial in the receiving country, and that the City Court’s conclusions had been correctly supported, among other things, by the recent findings of the European Court in the Dzhaksybergenov case. E.     Proceedings for temporary asylum 56 .     On 10 January 2012 the Moscow branch of the FMS granted the applicant and her daughter temporary asylum for one year, until 10   January 2013. None of the parties provided a copy of the decision or indicated the grounds on which it had been based. F.     The applicant’s state of health and the medical assistance available to her in detention 1.     The applicant’s state of health prior to her detention 57 .     In 2005 the applicant underwent eye surgery (vitrectomy) on the right eye in a private hospital in Moscow. She did not specify whether the surgery had been a medical necessity, nor did she provide any specific information in that respect. 58.     The applicant has been suffering from diabetes and hypertension since 2006. 59 .     In February 2009 the applicant underwent inpatient treatment in a private hospital in Astana. According to her discharge record dated 26   February 2009, she was diagnosed with progressing cardiovascular disease, hypertension, left-side hemiparesis and Type II non-insulin-dependent diabetes at the subcompensation stage. Her discharge recommendations included supervision by a neurologist and an endocrinologist and sugar level checks twice a day. 60 .     On 11 March 2009 the applicant was examined by a neurologist at public hospital no.   180 in Moscow. He diagnosed her with cerebrovascular disease; after-effects of a stroke in February 2009; hypertension; left-side hemiparesis and Type II diabetes at the subcompensation stage and recommended that she take nootropic and hypotensive drugs and undergo unspecified inpatient treatment in August-September 2009. 2.     The applicant’s condition and treatment while in detention (a)     Submissions by the applicant 61.     Following her arrest on 3 July 2009 the applicant was placed in remand prison IZ-77/6 (hereinafter “the remand prison”) in Moscow. On the same date an ambulance was called to treat her for hypertension. 62.     On 1 August 2009 the applicant was transferred to prison hospital no.   IZ-77/1 in Moscow (hereinafter “the prison hospital”) for inpatient treatment. 63.     On 8 August 2009 the applicant’s lawyers obtained from a neurologist at public hospital no.   180 a certificate to the effect that her condition required inpatient treatment and administration of nootropics and hypotensive medication. The neurologist’s conclusions were based on the applicant’s discharge record of 26 February 2009 from the private hospital in Kazakhstan and the certificate of 11   March 2009 (see paragraph 60 above). 64.     On 22 August 2009, following a hypertensive crisis, the applicant had a burst blood vessel in the right eye, of which she complained to prison hospital staff on 24 August 2009. 65.     On 26 August 2009 the applicant was due to be discharged from the prison hospital. On that day she allegedly fainted on three occasions and was treated with 60 drops of phenobarbital, nifedipine and intramuscular injections of magnesia and metamizole sodium. At about midnight she was placed in a prison van which took her to the remand prison. The trip took about two hours because the van had to pick up another detainee. 66.     At about 4 a.m. on 27 August 2009 the applicant arrived at the remand prison and at 4 p.m. she was examined by the head of the remand prison medical unit, N.K., who promised her to secure her an examination by an ophthalmologist. According to the applicant, all her ensuing requests to be examined by an ophthalmologist were disregarded by the remand prison medical staff. 67.     In the applicant’s submission, in September 2009 the sight in her left eye started deteriorating and on an unspecified date in October 2009 she complained about it to a gynaecologist, but to no avail. 68 .     On 8 and 18 December 2009 the applicant, through her lawyers, requested the head of the remand prison to allow Mr Sh.A., an ophthalmologist with whom she had concluded a private treatment agreement, to examine her in the remand prison. 69.     On 5 January 2010 the head of the remand prison informed her that the facility medical unit did not have ophthalmologists on its staff, and that she could be examined by that specialist in the prison hospital in accordance with her treatment plan. 70 .     On 28 January 2010 the head of the remand prison requested the Moskovsko-Ryazanskiy transport prosecutor’s office (hereinafter also “the transport prosecutor’s office”) to authorise Sh.A.’s access to the applicant to examine her on the prison premises. On the same date the latter authority turned down the request. 71.     On 3 March 2010 the applicant was examined by an ophthalmologist at public hospital no.   72 in Moscow and diagnosed with after-effects of vitrectomy, diabetic retinopathy and cataract with complications. 72.     On 3 July 2010 the applicant was released from custody and placed under house arrest. 73.     The applicant furnished a written statement to her lawyers dated 1   September 2009 in which she submitted that the medical assistance provided to her in detention was “superficial” and of “unsatisfactory quality”. The remand prison lacked specialist doctors. The applicant was made to walk every day, although she had difficulty walking. Her personal medication was better than that provided by the detention facilities. Although her request for medication to be supplied by her lawyers was approved by the authorities, some of the drugs were allegedly excluded from that list by unidentified persons. She felt that the medication and injections she received were administered chaotically. On some occasions the administration of the remand prison put a person of unsound mind in her cell. At the same time the applicant emphasised that she had never been categorically refused medical assistance while in detention. (b)     Information submitted by the Government 74.     The Government provided a complete copy of the applicant’s medical record, copies of her discharge records from the hospitals where she had had inpatient treatment while in detention, as well as the medical logbooks of the remand prison and the prison hospital for the relevant dates. The information contained in those documents can be summarised as follows. 75 .     Upon admission to the remand prison on 3 July 2009 the applicant underwent a series of tests, including for HIV, a Wasserman test and a chest X-ray. She also had an entry examination by a doctor on duty, who took her blood pressure and heart rate and noted in her health record that her medical history included Type II diabetes; hypertension; an ischaemic stroke on 12   February 2009, and hepatitis B in 2000. She was diagnosed as “somatically healthy”. 76 .     On 6 July 2009 the applicant had an in-depth examination by medical staff, during which she complained of headaches, hypertension and body numbness. Her diagnosis set out in the record of 3 July 2009 was confirmed and she was prescribed blood sugar testing, which was carried out on 7 and 13 July 2009. 77 .     On 30 July 2009 the applicant complained to medical staff of permanent headaches, numbness in the left side, weakness and mouth dryness. She was examined by doctors, her blood pressure was taken and recorded as varying from 130/90 to 160/100 and 170/100. On the last two occasions she was provided with emergency treatment. Her diagnosis at the material time included the after-effects of a stroke on February 2009 with progressing angioencephalopathy accompanied by cerebrovascular crises; hypertension; Type II diabetes at the subcompensation stage, and 3rd to 4th degree obesity. She was prescribed hospitalisation in the prison hospital for inpatient treatment, and certified fit for the transfer. 78 .     On 31 July 2009 the applicant was admitted to the prison hospital and on 1 August 2009 she had an entry examination by duty medical personnel. 79.     On 4 August 2009 the applicant underwent an ultrasound of the abdominal region and kidneys, which showed diffuse changes of the liver and pancreas but no pathologies. 80.     On 5 August 2009 the applicant had a general blood test and was examined by a neurologist, who diagnosed her with decompensated encephalopathy of mixed origin and prescribed her cinnarizine, phenibut and sedative medication, as well as injections of cerepro ( choline alfoscerate ). 81.     On 11 August 2009 the applicant had a biochemical blood analysis and a urine test and on 13 August 2009 she underwent a blood sugar test. 82.     On 19 August 2009 the applicant had an electrocardiography (“ECG”) and an ultrasonic cardiogram, which showed no abnormalities. On the same date she underwent an ultrasound of the mammary glands and was again examined by a neurologist. The latter confirmed the diagnosis of 4   August 2009 and noted an improvement in her condition as a result of following the prescribed treatment, which included lessening headaches and weakness, better walking and absence of negative dynamics in neurological status. The applicant was recommended to continue with the treatment prescribed during her first examination. She refused to take the antidepressants offered her. 83.     On 20 August 2009 the applicant had a further blood glucose test. 84 .     While she was in the prison hospital the applicant received the following hypotensive, antihyperglycaemic, nootropic, vasodilator and spasmolytic drugs and sedatives: metformin, nicotinic acid, enalapril, phenibut, enam, indapamide, betacerc, coxtral, panangin, corvalol, B group vitamins; injections of 25% magnesia, cinnarizine, phenibut, bendazol, papaverine and cerepro. The record states that this treatment produced positive clinical effects. 85 .     The entry dated 24 August 2009 states that the applicant’s discharge from the hospital was planned; her condition was assessed as satisfactory; and she was considered fit for the transfer. The discharge recommendations included: continuing intake of nootropics, antihyperglycaemics and hypotensives, including enalapril, coronal, metformin, phenibut, tioctacid, lipoic acid, trental and sedatives; blood pressure and glycaemic profile checkups; supervision by a neurologist and dynamic weight and glycaemia profile control. 86 .     The entry dated 26 August 2009 indicates that the applicant’s examination by the prison hospital staff on that date revealed arterial tension measuring 190/100. She was then administered 40 drops of corvalol and an injection of magnesia, after which she was assessed as being fit for transfer. 87.     On 27 August 2009 the applicant was examined by the remand prison doctor, to whom she complained of headaches, weakness in the left side and unsteadiness while walking. The applicant’s heart rate was taken and her blood pressure measured at 160/100 and 150/90. She was instructed to continue taking etam, metformin, thrombo ASS and cinnarizine and to undergo further blood tests and arterial blood pressure checkups. 88 .     According to the entry of 15 September 2009, the applicant complained of headaches, back pain and tachycardia, following which she was examined by a duty medical officer and her heart rate and arterial blood pressure measured, the latter being recorded as 180/110 and 160/100. She was prescribed concor, metformin, thrombo ASS and a series of blood and urine tests, which were carried out on the same day. 89.     The entry of 12 October 2009 stated that the applicant’s admission to the prison hospital for inpatient treatment was planned, her diagnosis including diabetes, 3rd stage hypertension and discirculatory encephalopathy. 90 .     On 14 October 2009 the applicant was admitted to the prison hospital. 91.     On 15 October 2009 she was examined by a neurologist, to whom she complained of headaches, dizziness and general weakness in the left side of the body. Upon examination he prescribed her vinpotropile and injections of cerepro. 92.     On the same date she had an ECG, with no particular pathologies identified. 93.     On 21 October 2009 the applicant had an ultrasonic cardiogram and an ultrasound of the abdominal region and kidneys, with no acute conditions found. 94 .     According to the applicant’s discharge record, during her st