On 4 October 2002 eleven Russian citizens of Chechen origin, Abdul-Vakhab Shamayev, Ruslan Mirjoev, Adlan (Aldan) Usmanov, Islam Khashiev, Khamzad Isiev (Isaev), Ruslan Tepsaev, Timur Baemurzaev, Khusein Khadjiev (Khadjaev), Husein Aziev, Seibul (Feisul) Baisarov, Rizvan (Rezvan) Visitov, born respectively in 1975, 1958, 1955, 1979, 1972, 1967, 1975, 1975, 1973, 1976 et 1977 and detained in Tbilissi (Georgia), lodged a preliminary application with the Court challenging their imminent extradition to Russia.

The applicants claimed that their extradition would expose them to a risk of breaches of Articles 2 (right to life) and 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights. They asked the Court to indicate interim measures, pursuant to Rule 39 of the Rules of Court, requesting the Georgian authorities to suspend the extradition decision.

Applying Rule 39, the Court indicated to the Georgian Government that it would be in the interests of the parties and the proper conduct of the proceedings before the Court not to extradite the applicants to Russia until the Court had had an opportunity to examine the case in the light of further information which was needed about the applicants’ situation and which the Georgian Government was invited to provide. It also decided that it was urgent to give notice of the introduction of the application to the Russian Government under Rule 40, as it appeared that the case was also directed against Russia (this was confirmed by the applicants on 9 October 2002).

On 9 October the applicants’ representatives informed the Court that five of the applicants had in fact been extradited to Russia on 4 October, the extradition of the others having been suspended. Two other people, Aslan Khanoev and Adlan Adiev (Adaev), who had been extradited to Russia on 4 October, lodged similar applications.

On 5 November the competent Chamber decided to communicate the applicants’ complaints to the States concerned for their observations, under Articles 2 and 3 of the Convention to both respondent States and under Article 5 §§ 1, 2 and 4 [fn] to the Georgian Government alone. With regard to Rule 39, it was decided that the interim measure should remain in force until midnight on 26 November 2002. The parties were asked to provide before 24 November 2002 additional information, in the light of which the Chamber would be able to consider whether the continued application of Rule 39 was still justified. In addition the Chamber decided to give priority to the case pursuant to Rule 41 of the Rules of Court.

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