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ECHR announces judgment on case of Chechen who doesnâ€™t want to be extradited to Russia

14 November 2013 12:31 (UTC +04:00)

ECHR considered the appeal of Russian national Gaji Chankayev against Azerbaijan and decided that his extradition to Russia is not illegal, but Article 13 (right to an effective remedy) of the European Convention was violated.

According to the judgment, Mr Chankayev can’t be extradited until judgment becomes final or until further order.

After fighting as a Chechen rebel in Russia, Mr Chankayev fled to Azerbaijan in 2002. He was convicted in 2006 for acts committed while in Azerbaijan, including founding an illegal armed group and illegal possession of firearms. Later that year he was temporarily extradited to Russia, in order to face charges for his activities as a Chechen rebel. He was convicted of a number of offences, including being a member of an armed group that fought against the Russian state, and sentenced to a total of six years in prison.

He was then returned to Azerbaijan to serve the remainder of the sentence imposed by the Azerbaijani courts. In June 2012 the Russian authorities requested that Mr Chankayev be extradited in order to serve his Russian sentence, and this request was granted in August 2012.

Mr Chankayev challenged the extradition, claiming that there was a real risk that he would be subjected to ill-treatment if extradited to Russia. However, he was unsuccessful in the Azerbaijan courts, and his final appeal was dismissed on 3 September 2012.