05 Apr The extradition of the Georgian applicant would lead to a violation of Article 3 because of the possible punishment of flogging

In the case G.S. v. Bulgaria (application no. 36538/17) the European Court of Human Rights held, unanimously, that there would be a violation of Article 3 (prohibition of torture and of inhuman or degrading treatment) of the European Convention on Human Rights if the applicant were extradited to Iran because of the possible punishment that awaited him there.

The applicant, Mr G.S., is a Georgian national who is currently being detained in Sofia Prison pending his extradition to Iran on theft charges. He was arrested at Sofia Airport on the basis of an Interpol red notice.

In April 2017 the Sofia City Court allowed the extradition request, finding that it met all the formal requirements and noted that the Iranian authorities had given assurances that the applicant would not face torture or inhuman treatment. The applicant’s extradition was, however, stayed in May 2017 on the basis of an interim measure granted by the European Court of Human Rights under Rule 39 of its Rules of Court, which indicated to the Bulgarian Government that the applicant should not be extradited for the duration of the proceedings before it.

Relying on Article 3 (prohibition of torture and of inhuman or degrading treatment), Mr G.S. alleged in particular that the Bulgarian authorities had not assessed the risk of his being ill-treated if extradited to Iran, even though it was well-known that the punishment for theft in that country was up to 74 lashes.

The Court found in particular that the Bulgarian courts had simply assumed that the only penalty for the applicant in Iran would be imprisonment. However, the offence of which he stood accused, namely theft, was also punishable by flogging. Indeed, there was a risk that he would be sentenced to up to 74 lashes, taking into account international reports and other information showing that flogging was commonplace in Iran, and considered by the Iranian authorities as a legitimate form of punishment. Moreover, unlike the Bulgarian authorities, the Court had profound misgivings about trusting assurances against torture given by a State where such treatment was endemic or persistent. Thus, the court stated that it was clear that the decision to extradite the applicant to Iran would, if implemented, give rise to a breach of Article 3 of the Convention owing to the possible punishment of flogging that awaited him there.

References from the official website of the European Court of Human Rights