CAT/C/56/D/586/2014
domestic authorities, the complainants’ claims are not credible and the circumstances
invoked by the complainants are not sufficient to show that the alleged risk of torture fulfils
the requirements of being foreseeable, real and personal. Accordingly, enforcement of the
expulsion orders would, under the present circumstances, not constitute a violation of
article 3 of the Convention.
6.5
Lastly, the State party emphasizes that it fully maintains its position regarding the
admissibility and the merits of the present complaint as expressed in its observations of 11
July 2014.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any complaint submitted in a communication, the Committee
against Torture must decide whether it is admissible under article 22 of the Convention.
The Committee has ascertained, as it is required to do under article 22 (5) (a) of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
7.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes the State
party’s submission that it does not contest that all available domestic remedies have been
exhausted in the present case and concludes that it is not precluded from examining the
communication by the requirements of article 22 (5) (b) of the Convention.
7.3
The Committee notes the State party’s submission that the communication is
manifestly unfounded and thus inadmissible pursuant to article 22 (2) of the Convention.
The Committee observes, however, that the complaint raises substantive issues under
article 3 of the Convention and that those issues should be examined on the merits. As the
Committee finds no further obstacles to the admissibility, it declares the communication
admissible and proceeds to its examination on the merits.
Consideration of the merits
8.1
In accordance with article 22 (4) of the Convention, the Committee has considered
the communication in the light of all information made available to it by the parties.
8.2
With regard to the first complainant’s claim under article 3 of the Convention, the
Committee must evaluate whether there are substantial grounds for believing that he would
be personally in danger of being subjected to torture, should he be returned to the Russian
Federation. In assessing this risk, the Committee must take into account all relevant
considerations, pursuant to article 3 (2) of the Convention, including the existence of a
consistent pattern of gross, flagrant or mass violations of human rights. However, the
Committee recalls that the aim of such determination is to establish whether the individual
concerned would be personally at a foreseeable and real risk of being subjected to torture in
the country to which he or she would be returned. 17 It follows that the existence of a pattern
of gross, flagrant or mass violations of human rights in a country does not as such constitute
sufficient reason for determining that a particular person would be in danger of being
subjected to torture on return to that country; additional grounds must be adduced to show
that the individual concerned would be personally at risk. Conversely, the absence of a
17
See, inter alia, communication No. 470/2011, X. v. Switzerland, decision adopted on 24 December
2014.
15