CAT/C/56/D/586/2014
Facts as presented by the complainants
2.1
The first complainant, R.G., was born in Kazakhstan on 12 August 1969, his wife
and three elder children were born in Chechnya; the youngest child was born in April 2012
in Sweden. The first complainant was an active resistance fighter in the 1994-1996 conflict
in Chechnya. In 1999, when the conflict restarted, he continued to support the Chechen
resistance by delivering food and supplies to the partisans.
2.2
In 2007, the first complainant was suspected of having killed a group of policemen.
He was arrested, held incommunicado for 10 days, beaten severely, hung upside down and
tortured with electricity. His teeth were broken and he also suffered a number of fractures
of his ribs. Upon paying a bribe to the authorities, he was released, after which he was
hospitalized for two months to recover from his injuries. After having recovered, he kept on
delivering assistance to Chechen partisans while trying to keep a low profile.
2.3
In September 2011, the first complainant’s nephew was arrested on suspicion of
being involved, in August 2011, in explosions in Grozny. The complainant was alerted by
an acquaintance in the police that an arrest warrant had also been issued against him. He
was worried he might be arrested, as he believed his nephew would be tortured and would
not be able to resist the interrogations. Consequently he fled to Ingushetia. The next day, he
called his wife, who informed him that security forces had visited the house and burned his
car, and that they had found weapons outside the house. The complainant claims that those
weapons must have been planted by the authorities in order to frame him.
2.4
Thereafter, the first complainant’s wife sold the house and paid the authorities a
bribe in order to close the investigation file against him. Instead, she found herself accused
of being an accomplice. The security forces frequently inquired about the whereabouts of
the complainant. The complainant’s wife and children were able to join him in Ingushetia
only in late February 2012, at which time they decided to leave the Russian Federation. On
11 March 2012, they arrived in Sweden.
2.5
The complainants applied for asylum on 12 March 2012. On 15 July 2013, the
Migration Board denied their application, citing a lack of consistency in the complainants’
testimony and a lack of credibility. The Board was not convinced that their latest domicile
was in Chechnya. Moreover, the Board decided that the situation in Chechnya had changed
since 2007 and that the authorities of the Russian Federation were interested in those still
actively resisting the regime, and not in former militants. The Board, however, accepted
that the complainant had been active during the 1994-1996 and 1999 conflicts and that he
had been tortured in 2007 by the police and released upon paying a bribe. The Board finally
concluded that there was neither an ongoing armed conflict nor any other serious conflict in
Chechnya.
2.6
The complainants appealed to the Migration Court, which rejected the appeal on 19
November 2013. The Court concluded that the fact the complainant was tortured in 2007 in
itself was not a sufficient ground for protection. It further reiterated the Board’s conclusion
that the nature of the conflict in Chechnya had changed since 2007 and that the
complainants’ testimonies were not trustworthy.
2.7
On 19 December 2013, the Migration Court of Appeals denied the complainants’
request for leave to appeal. The Migration Court’s decision thereby became final. The
complainants maintain that they have exhausted all domestic remedies.
The complaint
3.1
The complainants submit that there are substantial grounds for believing that the
first complainant would be tortured if returned to the Russian Federation. The first
complainant claims that, in 2003, his brother was beaten to death while in police custody
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