CAT/C/56/D/586/2014
However, during the investigation held by the Migration Board the first complainant
recounted that he and his family were at home and asleep when their neighbour, early in the
morning of 7 September 2011, told them that there were military vehicles outside the
nephew’s house. The first complainant then went to his nephew’s house to find out what
had happened, but the nephew had already been taken away and the first complainant
returned home. During the oral hearing before the Migration Court, the first complainant
however gave a third version of the events of 7 September 2011 in which the dates of 4 and
5 September were never mentioned. The first complainant then claimed that he did not
return home after having been in his nephew’s house. Instead he went from the house
straight to the village centre and from there he took a taxi to a friend’s house in Ingushetia.
In the State party’s view, the above-mentioned inconsistencies negatively affect the
credibility of the first complainant’s account.
4.26 In addition, the first complainant has submitted inconsistent information concerning
how and when he obtained the telephone number of a man who might be able to help him.
Before the Migration Board, he claimed to have acquired the telephone number through
phone calls made from home after he had returned from his nephew’s house. However,
before the Migration Court, he stated that he received the telephone number from a taxi
driver in the village centre, where he went after the visit to his nephew’s house.
4.27 Furthermore, the second complainant has also submitted contradictory accounts of
the events of 7 September 2011. Before the Migration Board, she stated that the first
complainant came back after having been in his nephew’s house and that he then went to
the village centre. However, during the oral hearing before the Migration Court, she held
that she also went to the nephew’s house, where she met her husband, who went from there
to the village centre. The State party agrees with the assessment made by the Migration
Court that it seems strange that neither the first nor the second complainant were able to
clearly remember the events of the day in question, in particular as these events took place
on the same day and as they were alleged to have been so dramatic that the first
complainant had to flee his home, leaving his wife and three children behind. The fact that
the first and second complainants’ accounts in this respect are both internally contradictory
and differ considerably from each other, in the State party’s opinion, adversely affects the
credibility of the complainants’ accounts.
4.28 Moreover, the second complainant has submitted varying accounts regarding the
sale of their house. She stated before the Migration Board that the house was bought by an
intermediary, who buys houses cheap and then resells them at a higher price. However,
before the Migration Court the second complainant instead stated that the house was bought
by a man named Hussein, who let her and the children remain in the house until they
moved to the first complainant’s friend in Ingushetia.
4.29 Furthermore, during the asylum investigation carried out by the Migration Board,
the first complainant answered the question of whether he was wanted by the authorities
throughout the Russian Federation only by saying that he probably was. In a subsequent
written submission, however, he stated that a friend of his had found out that the first
complainant was wanted by the federal authorities when he saw a poster with the first
complainant’s photograph on it, as early as 20 February 2012, i.e. when the first
complainant claimed that he was still in his country of origin. The State party therefore
finds the first complainant’s statements to be contradictory in this respect.
4.30 Furthermore, a large part of the complainants’ submissions have consisted of their
own conclusions, for example, the claim that the first complainant was filmed by a
surveillance camera when driving into Grozny and the claim that the first complainant’s
nephew gave his name to the authorities after having been tortured. These claims have not
been substantiated by any objective information. In addition, the statements made by the
complainants during the national asylum process are in several respects neither reasonable
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