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issued by the Registrar of the Court ECHR 121 (2014) 30.04.2014 Forthcoming judgments The European Court of Human Rights will be notifying in writing three judgments on Wednesday 7 May 2014. Press releases and texts of the judgments will be available at 10 a.m. (local time) on the Court's Internet site (www.echr.coe.int) Wednesday 7 May 2014 Safaii v. Austria (application no. 44689/09) The applicant, Hanif Safaii, is an Afghan national who was born in 1983. His current place of residence is unknown. The case concerns his transfer from Austria to Greece. Having travelled from Afghanistan via Iran to Greece, Mr Safaii arrived in Austria with his wife in August 2008 and applied for asylum. He stated that the couple had stayed for a few months in Greece, spending part of the time in public parks. He had attempted to apply for asylum but had been beaten by police when queuing to submit an application. He further submitted that he was threatened in Afghanistan by the Taliban, who had kidnapped two of his brothers. In October 2008, the Austrian Federal Asylum Office rejected Mr Safaii's asylum application and ordered his transfer back to Greece, on the grounds that under Austrian and European Union law (the "Dublin II Regulation"), Greece was responsible for examining his asylum application as it was the first EU state that he had entered. The office did not consider credible his account of his treatment in Greece. Mr Safaii's appeal against the decision was dismissed by the Asylum Court and the Constitutional Court refused to deal with his complaint. On 8 April 2009 he was expelled to Greece. Mr Safaii complains that his transfer to Greece exposed him to treatment contrary to Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, as the country was unable to deal properly with asylum requests and provided inadequate conditions for asylum seekers. He further relies on Article 13 (right to an effective remedy) in conjunction with Article 3, alleging that he lacked access to the Austrian Administrative Court and that the asylum authorities wrongfully assessed the evidence in his case. Nizamov and Others v. Russia (nos. 22636/13, 24034/13, 24334/13, and 24528/13) The applicants, Avazbek Nizamov, Khakim Dzhalalbayev, Rakhmatullo Mukhamedkhodzhayev, and Olim Dzhalalbayev, are Uzbekistani nationals who were born in 1992, 1983, 1989 and 1979 respectively and are currently detained in Moscow. The case concerns their complaint that, if returned to Uzbekistan, they would risk being subjected to ill-treatment. Having moved from Uzbekistan to Russia in 2011 and 2012 to seek employment, they were arrested in Moscow in November 2012 and placed in detention pending extradition to Uzbekistan, where they had been charged, in October 2012, with participation in an extremist religious group. The Russian General Prosecutor refused the Uzbek authorities' request for the applicants' extradition, but following their release from detention in March and April 2013, respectively, they were immediately re-arrested as illegal aliens. The district court examining their cases subsequently ordered their expulsion to Uzbekistan, the order being upheld on appeal in May 2013. In parallel proceedings, the applicants' asylum applications were rejected in February, March and April 2013, respectively. Their expulsion was suspended following an interim measure applied by the European Court of Human Rights, under Rule 39 of its Rules of Court, in April 2013, indicating to the Russian Government not to expel them until further notice. Relying on Article 3 (prohibition of torture and of inhuman or degrading treatment) of the Convention, the applicants complain that their removal to Uzbekistan would expose them to a risk of ill-treatment, stating in particular that the ill-treatment of prisoners, who, like themselves, were charged with membership in an extremist religious organisation, was a pervasive and enduring problem in Uzbekistan. Sergey Chebotarev v. Russia (no. 61510/09) The applicant, Sergey Chebotarev, is a Russian national who was born in 1987 and lives in Orenburg (Russia). The case concerns his pre-trial detention and the conditions of his detention. He was initially convicted of aggravated disorderly conduct in March 2009. His case was then retried in supervisory review proceedings, during which his remand in custody was ordered on 31 August 2009. By a judgment of 5 November 2009, eventually upheld on 22 December 2009, he was convicted of the same offence and sentenced to two years' imprisonment. Relying on Article 3 (prohibition of inhuman or degrading treatment), he alleges that the conditions in the detention facility in Orenburg, where he was kept between September 2009 and January 2010 were inhuman. In particular he complains: of severe overcrowding, with less than two square metres of personal space afforded to him; of the fact that the light was turned on day and night; and, of deplorable sanitary conditions, the cells being infested with insects. Relying on Article 5 � 1 (right to liberty and security), he complains that his detention from 31 August to 5 November 2009 was unlawful, as the trial court did not give any reasons for keeping him in custody and failed to set a time-limit for his detention. Further relying on Article 5 � 4 (right to have lawfulness of detention decided speedily by a court), he complains in particular that there was no speedy review of the detention order of 31 August 2009 and that he was not able to attend the related hearing. This press release is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on www.echr.coe.int. To receive the Court's press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter @ECHRpress. Press contacts [email protected] | tel: +33 3 90 21 42 08 Tracey Turner-Tretz (tel: + 33 3 88 41 35 30) Nina Salomon (tel: + 33 3 90 21 49 79) Denis Lambert (tel: + 33 3 90 21 41 09) Jean Conte (tel: + 33 3 90 21 58 77) The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. 2