Extradition of Aleksandr Pavlov to Kazakhstan

13.3.2014

Question for written answer E-002983-14
to the Commission
Rule 117
Ana Gomes (S&D) , Sylvie Guillaume (S&D)

Aleksandr Pavlov, former head of security of Mukhtar Ablyazov, is a Kazakh dissident and the main opposition figure to the current President, Nursultan Nazarbayev.

The Spanish Council of Ministers has recently approved Mr Pavlov’s extradition to Kazakhstan. The decision was taken without informing him or his lawyer. To date, the government has not officially informed Mr Pavlov of the decision, and his lawyer found out almost by chance, via informal channels. Such secrecy may be considered an attempt to render impossible the immediate appeal to the European Court of Human Rights in Strasbourg. The Spanish National High Court (Audiencia Nacional) has issued a temporary injunction, pending the final decision in the asylum appeal procedure.

The Spanish newspaper El País reported that the Kazakh Ambassador to Spain had attempted to influence National Court judges to approve the extradition, and that a Spanish judge was pressing the competent court division to carry out the extradition, as a Kazakh military plane was awaiting Pavlov to take him to Kazakhstan. If these reports are verified, they will call into question the impartiality of the decision and the independence of the judiciary, clearly indicating the political nature of the case. Worrying comparisons could also be drawn with the case of Alma Shalabayeva, which took place in Italy at the end of May 2013.

If extradited to Kazakhstan, Pavlov would risk facing ill treatment or even death. As a number of international reports have demonstrated, he could not expect a fair and impartial trial.

Is the Commission monitoring the respect of human rights pursuant to Article 6 of the European Convention on Human Rights and Article 18, 19 and 47 of the Charter of Fundamental Rights of the European Union for this case specifically?

Has the Commission urged the Spanish authorities to ensure that Mr Pavlov’s rights are respected and that the scenario of the case of Alma Shalabayeva is not repeated?

OJ C 333, 24/09/2014