CCPR/C/112/D/2186/2012
7.3
The Committee recalls its general comment No. 31 in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory where there are substantial grounds for believing that there is a real risk
of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant. 8 The
Committee also recalls that, generally speaking, it is for the organs of States parties to the
Covenant to review or evaluate facts and evidence in order to determine whether such a risk
exists.9
7.4
The Committee notes that the authors allege fear of torture or death at the hands of
the Wahabbi militants, a group that is outlawed by the authorities of the Russian Federation.
The State party’s authorities rejected their claim that Russian Federation authorities would
be unwilling or unable to protect them from an attack by the militants. The State party
pointed out that, according to his own statement, Mr. X has acted in the interests of the
Government of the Russian Federation, having done his compulsory military service with
the Russian Navy and having warned the Russian authorities of a potential imminent
terrorist act. The Committee observes that the authors disagree with the factual conclusions
of the State party’s authorities, but the information before the Committee does not show
that those findings are manifestly unreasonable.
7.5
The Committee observes that the authors’ refugee claims were thoroughly assessed
by the State party’s authorities, which found that the authors’ declarations about the motive
for seeking asylum and their account of the events that caused their fear of torture or killing
were not credible. The Committee observes that the authors have not identified any
irregularity in the decision-making process, or any risk factor that the State party’s
authorities failed to take properly into account. In the light of the above, the Committee
cannot conclude that the authors would face a real risk of treatment contrary to articles 6 or
7 of the Covenant if they were removed to the Russian Federation.
7.6
In the circumstances of the present case, the Committee cannot conclude that the
State party would violate articles 6 and 7 of the Covenant if it removed the authors to the
Russian Federation.
8.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
facts before it do not reveal a breach of any provision of the Covenant.
8
9
See general comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, para. 12.
See communications No. 1763/2008, Pillai et al. v. Canada, Views adopted on 25 March 2011, para.
11.4, and No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3.
11