CAT/C/56/D/586/2014
to have been personally subjected to any persecution on account of their ethnic origins or to
have grounds for asylum for this reason alone. In any event, the State party holds that the
fact that the complainants belong to the Mialkhiy group is not in itself sufficient to show
that an expulsion of the complainants to the Russian Federation would be in violation of
article 3 of the Convention.
4.19 The first complainant has stated before the Committee that he actively fought
alongside the rebel forces during the first war with the Russian Federation, between 1994
and 1996, and that he was of interest to the Russian authorities because of his contact with
the leaders of the rebellion, Shamil Basajev and Doku Umarov. However, the State party
notes that, before the domestic migration authorities, the first complainant did not claim
that the Russian authorities had initiated any formal investigations against him in the light
of his alleged contacts with these rebel leaders. Moreover, as is evident from the available
country of origin information, the authorities seem to be primarily interested in insurgents
who have been active during the past few years, and are no longer showing interest in
rebels who have not been active in recent years. The State party also notes that, had the first
complainant supported the rebel forces and had he had connections with Doku Umarov, as
alleged, it is unlikely that the authorities would have left him alone. Furthermore, even if
the first complainant before the Committee claims to have assisted the rebels in 2007 and
2008 by delivering food and medicine, it has never been suggested that this has come to the
authorities’ attention. On the contrary, the first complainant stated before the Committee
that he kept a low profile during this period of time and therefore did not attract any
attention from the authorities. In the light of the above, the State party holds that it is
unlikely that these activities would have led to any threats from the authorities against the
first complainant.
4.20 Moreover, before the Committee the first complainant has claimed to have openly
criticized the regime after the death of his brother in 2003. In addition, he has stated that he
was monitored by the authorities after that. However, he has not been able to specify in
what way his criticisms were manifested, nor how he could know with certainty that he was
monitored by the authorities and that this is not just speculation on his part. Thus, in the
State party’s view, the complainants have not plausibly demonstrated their need for
protection on this ground.
4.21 The first complainant also claims that he was arrested in 2007, suspected of having
been involved in the murder of a police officer. During his arrest, which lasted for 10 days,
he claims that he was severely beaten and tortured with electricity. However, during the
domestic asylum proceedings, the first complainant has provided conflicting accounts of
the reason for this arrest. To begin with, during an interview held by the Migration Board
on 13 April 2012, he stated that he was accused of having killed seven police officers in
2007 and that he was arrested and subjected to torture for that reason. However, in another
interview held with the Migration Board, on 14 March 2012, he stated that, when his
nephew’s friend was killed on 22 August 2007, the police found his telephone number in
the mobile phone belonging to the nephew’s friend. The following day, he received a phone
call from the police authorities requesting him to submit his SIM card and this led to his
arrest. Moreover, during an oral hearing before the Migration Court, the first complainant
stated that he had exchanged telephone numbers with his nephew’s friend and that he was
later asked by the Grozny police authority to come to the police station. There he was
shown a photograph of the body of his nephew’s friend, who, according to the police, had
murdered seven police officers. The first complainant was then questioned about his
contacts with his nephew’s friend and tortured with electricity. In addition, during an
interview held on 3 April 2012, the second complainant stated that a mobile phone
containing her husband’s phone number was found next to a deceased police officer and
that this was the reason behind the arrest. She believes that this occurred in 2007. The State
party, like the Migration Court, finds that the complainants have not given a reasonable
9