CAT/C/56/D/586/2014
a country have previously tortured a person, then it must be taken as a given that the torture
will be repeated. The above judgement had been addressed by the Migration Board in an
internal guideline, signed by the than acting Head of Legal Affairs. In another internal
guideline, the Head of Legal Affairs had stated that asylum seekers should be referred to
forensic medical experts for examination of torture-related injuries. The first complainant
finally reiterates that his brother had been killed in custody of the Russian authorities and
that the whereabouts of his nephew, arrested in 2011 were unknown; considering the
human rights record of the Government of the Russian Federation it was not unreasonable
to fear that he had also been killed. In summary, the complainants maintain that there had
been a clear pattern of personal harassment and persecution and that there were substantial
grounds for believing that the risk that the first complainant would be subjected to torture
was real, imminent and highly probable.
State party’s additional observations on admissibility and the merits
6.1
In its submission dated 19 January 2015, the State party submits, in relation to the
complainants’ contentions about the current general human rights situation in the Russian
Federation, that information regarding the human rights situation in the Russian Federation
can be found in recent reports and states its assumption that the Committee is well aware of
the general human rights situation in that country, including the situation in Northern
Caucasus. The State party does not wish to underestimate the concerns that may
legitimately be expressed with regard to the current human rights situation in the Russian
Federation and especially in the region of North Caucasus; however, it maintains that the
current situation in Chechnya does not, in itself, suffice to establish that the general
situation in the region is such that an expulsion of the complainants would entail a violation
of article 3 of the Convention.16 Hence, the State party contends that the expulsion of the
complainants to the Russian Federation would only entail a breach of the Convention if
they could show that they would be personally at risk of being subjected to treatment
contrary to article 3.
6.2
The State party would also like to reiterate that neither the Migration Board nor the
Migration Court have questioned the veracity of the first complainant’s claims regarding
torture. A medical investigation of these claims has therefore not been deemed necessary.
Notwithstanding this conclusion, the State party holds, as the Migration Board and the
Migration Court did, that the fact that the first complainant was exposed to torture in 2007
is not in itself sufficient to plausibly demonstrate that he or his family would risk being
subjected to treatment contrary to article 3 of the Convention upon return to their home
country.
6.3
The State party considers that a number of factors give cause to question the veracity
of the complainants’ claim that they would risk being subjected to torture in violation of
article 3 of the Convention upon return to the Russian Federation. In that respect, the State
party agrees with the assessment made by the Migration Board and the Migration Court that
the complainants’ accounts contain contradictory information and conflict with generally
known facts about the complainants’ country of origin.
6.4
In summary, and with reference to what has been stated above and in the State
party’s initial observations, the State party holds that the complainants have not plausibly
demonstrated that the Russian Federation authorities were interested in them or that if
returned to their home country they would risk being subjected to treatment constituting
grounds for protection. Hence, the State party maintains that, as has been held by the
16
14
The State party refers to e.g. the European Court of Human Rights, I v. Sweden, application No.
61204/09, judgement of 5 September 2013, para. 58.