Russia

The Supreme Court of Cyprus dismissed an appeal against the rejection of a habeas corpus application challenging the requested person’s extradition to Russia for prosecution for large-scale corporate tax evasion. The Court accepted that the assurances provided by the Russian authorities could not be regarded as satisfactory, in particular in light of Russia’s withdrawal from the European Convention on Human Rights system, but held that this did not automatically preclude extradition. It reiterated that the requested person bears the burden of establishing, through concrete and specific evidence, substantial grounds for believing that he personally faces a real risk of ill-treatment, an unfair trial or other human-rights violations, and found that such an individualized risk had not been demonstrated. The Court also rejected the allegation that the prosecution was pursued for ulterior motives, holding that suspicion alone was insufficient and that bad faith had to be established by positive and convincing evidence.

The Belarusian authorities requested the extradition of a stateless person for prosecution for an alleged aggravated theft committed in Minsk. The appellant argued that the lower court had failed to consider his application for Russian citizenship, his family circumstances and his willingness to be prosecuted in Russia. The Supreme Court held that he had not acquired Russian citizenship, had not applied before the extradition review began, and had neither refugee status nor temporary asylum. It further found that double criminality was satisfied and that Belarus had provided adequate guarantees concerning speciality, defence rights, protection from ill-treatment and the absence of discriminatory or political persecution.