MOSCOW, April 3 (RAPSI) – The European Court of Human Rights (ECHR) held Friday that Russia’s extradition of a Kazakh national to his home country in connection with a 2001 murder case would not constitute a violation of the European Convention on Human Rights’ (Convention) prohibition of torture.

The court found, however, that Russia violated the rights of applicant Oskar Oshlakov during a portion of the 18 months he remained in custody awaiting the outcome of extradition proceedings.

The acquittal was overturned on appeal. In early 2006, the Kazakh court ordered that Oshlakov should be taken into custody.

He was arrested in Russia three years later after having been placed on an international wanted listed.

He remained in remand detention as a Kazakh extradition request remained pending. During that period, he applied for refugee status in Russia based on claims of ethnic discrimination in Kazakhstan, but his application was rejected.

In October 2009, Russia’s Supreme Court upheld the Kazakh extradition order, finding that Oshlakov failed to prove that he would face ill-treatment if extradited to Kazakhstan.

Oshlakov was released after spending 18 months in prison, as he had reached the maximum term that one can spend in detention while awaiting extradition.

He turned to the ECHR, arguing if Russia were to extradite him to Russia, he would face the risk of ill treatment, and claiming that his detention during the extradition review was unlawful.

The court held that his extradition would not amount to a violation of the Convention’s prohibition of torture and inhuman treatment. Specifically, the court held that Oshlakov failed to substantiate his claims that extradition to Kazakhstan would violate his rights under Article 3 of the Convention.

However, the court found two violations under Article 5 of the Convention, which provides that everyone should enjoy the rights to liberty and security of person.