ICCPR Case Digest

CCPR/C/126/D/2570/2015

Communication

2570/2015

Submission: 2014.10.09

View Adopted: 2019.07.26

Anatoliy Lytvynyuk v. Italy

Allegation of ill-treatment if removed to Ukraine to face charges, inadmissible as insufficiently substantiated

Substantive Issues
  • Non-refoulement
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 10.1
  • Article 10.2
  • Article 7
  • Article 9.1
  • Article 9.3
  • Article 9.4
Full Text

Facts

The author is a Ukranian national who at the time of the communication resided in Italy, and was subject to an extradition order to Ukraine from Italy in order to face charges for an alleged robbery committed in 2000. He claimed that by extraditing him to Ukraine, Italy would violate his rights under articles 7, 9 (1), (3) and (4) and 10 (1) and (2) of the Covenant.

The author alleges that he has substantial grounds for believing that his removal would subject him to cruel, inhuman or degrading treatment in violation of article 7.

Admissibility

The Committee noted that considerable weight should be given to the assessment conducted by the state party, and that it is generally for the organs of the States parties to the Covenant to review and evaluate facts and evidence in order to determine whether a risk of ill-treatment exists.

In this case, the Committee considered that the facts raised in the communication are insufficiently substantiated for the purposes of admissibility and declares it inadmissible under article 2 of the Optional Protocol.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

Arabic | Chinese | English | French | Russian | Spanish

CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

English | French | Spanish | Russian | Handbook

CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

English | French | Spanish | Russian | Arabic | Chinese