Press release issued by the Registrar
CHAMBER HEARING ON ADMISSIBILITY IN THE CASE OF
SHAMAYEV AND 12 OTHERS v. GEORGIA AND RUSSIA
Tuesday 16 September at 9 a.m.

The applicants The case concerns an application (no. 36378/02) brought by 13 people apparently of Chechen origin whose representatives identify them as Abdul-Vakhab Shamayev, Ruslan Mirjoev, Adlan (Aldan) Usmanov, Islam Khashiev, Khamzad(t) Isiev (Isaev), Ruslan Tepsaev, Timur (Ruslan) Baemurzaev (Baimurzaev), Khusein Khadjiev (Khadjaev, Khajiev), Husein Aziev, Seibul (Feisul) Baisarov, Rizvan (Rezvan) Visitov, Aslan Khanoev and Adlan (Aslan) Adaev (Adiev), born respectively in 1975, 1958, 1955, 1979, 1972, 1967, 1975, 1975, 1973, 1976, 1977, 1981 and 1968.

Summary of the facts

Between 3 and 5 August 2002 the applicants were arrested by Georgian border police at the checkpoint in the village of Girevi and charged with illegally crossing the State border and unlawfully possessing and trading in firearms. On 6 and 7 August 2002 Tbilisi Court of First Instance (in Georgia) remanded them in custody for three months. On 6 August 2002 the Russian authorities requested the Georgian authorities to extradite the applicants, asserting that they were terrorist rebels who had taken part in the conflict in Chechnya. The Georgian Procurator General�s Office considered that the material submitted by the Russian authorities in support of their request was insufficient and refused to extradite the applicants. On 12 and 19 August and 30 September 2002 the Russian authorities sent their Georgian counterparts additional documents as requested. After examining those documents and other pieces of evidence, the Georgian Procurator General�s Office identified five of the applicants. Having regard to the seriousness of the charges they faced in the Russian Federation, the Deputy Procurator General of Georgia decided on 2 October 2002 to allow their extradition.

On 4 October 2002 the applicants Shamayev, Adiev, Aziev, Khadjiev and Visitov were extradited from Georgia to Russia and are apparently being held in a pre-trial prison ("SIZO").

It appears that the other eight applicants (Mirjoev, Usmanov, Khashiev, Isiev, Tepsaev, Baemurzaev, Khanoev and Baisarov) remain in detention in Tbilisi pending the extradition procedure and domestic criminal proceedings.

Complaints

The applicants submit that their extradition to the Russian Federation, where capital punishment has not been abolished, exposes them to a real risk of death or torture, in breach of Articles 2 (right to life) and 3 (right not to be subjected to torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights. They further complain under Article 5 �� 1, 2 and 4 (right to liberty and security), Article 13 (right to an effective remedy) and Article 6 �� 1 and 3 (right to a fair trial). The Court will examine the admissibility of these different complaints.

Procedure

On 4 and 9 October 2002 the applicants lodged a preliminary application with the European Court of Human Rights challenging their imminent extradition to Russia. Applying Rule 39 of the Rules of Court, the Court indicated to the Georgian Government that it would be desirable as an interim measure to stay the applicants� extradition to Russia until the Chamber had had the opportunity to examine the application in the light of further information to be provided by the Georgian Government. The Russian Government were notified of the application as a matter of urgency under Rule 40. On 26 November 2002 the Court decided not to extend the period of application of Rule 39.

Composition of the Court

The case will be heard by a Chamber composed as follows:

Jean-Paul Costa (French), President,
Andr�s Baka (Hungarian),
Loukis Loucaides (Cypriot),
Karel Jungwiert (Czech),
Volodymyr Butkevych (Ukrainian),
Mindia Ugrekhelidze (Georgian),
Anatoli Kovler (Russian), judges,
Gaukur J�rundsson (Icelandic),
Corneliu B�rsan (Romanian),
Wilhelmina Thomassen (Netherlands),
Antonella Mularoni (San Marinese), substitute judge,
and also Sally Doll�, Section Registrar.

Representatives of the parties

Georgian Government: Lasha Chelidze, General Representative of Georgia at the European Court of Human Rights, Besarion Bokhashvili, Counsel, Paata Mskhiladze, Adviser;

Russian Government: Pavel Laptev, Representative of the Russian Federation at the European Court of Human Rights, Yuri Berestnev, Counsel, Anna Derkovskaya, Adviser;

Applicants: Lia Mukhashavria and Nana Kintsurashvili, Counsel, Vesselina Vandova, Adviser.

After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility will be delivered at a later date.

Registry of the European Court of Human Rights
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Press contacts: Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)
Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)
St�phanie Klein (telephone: +00 33 (0)3 88 41 21 54)
Fax: +00 33 (0)3 88 41 27 91

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court�s judgments. More detailed information about the Court and its activities can be found on its Internet site.