CCPR/C/112/D/2186/2012
number of visits, the time when the militants took their identity documents, and the time
when the militants informed Mr. X about their terrorist plans, and about the authorities’
actions in continuation thereof, including the question whether there were house searches
during the following week.
4.4
Regarding the authors’ statement that they fear contacting the authorities in the
Russian Federation as they will be returned to the town of Karachayevsk in KarachayCherkessia, Mr. X’s town of origin, if they identify themselves to the Russian authorities
and that the police and the Federal Security Service of Karachayevsk have been infiltrated
by the militants, the State party considers that the authors cannot be considered to have had
any conflicts with the authorities in the Russian Federation or any other outstanding issue
with the Russian authorities. According to his own statements, 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.
4.5
As to the authors’ fear that the militants have infiltrated the police and the Federal
Security Service, the State party observes that in 2002 the Russian Federation adopted the
Law on Countering Extremist Activity, which criminalizes a wide array of activities,
including “incitement to social, racial, national or religious discord”. The Government
further observes that Wahhabism is prohibited by law in several regions in the Russian
Federation and that 19 Muslim groups were designated terrorist organizations in 2011.
4.6
For the purpose of the authors’ asylum proceedings, the Refugee Appeals Board has
obtained the asylum documents of Mr. X’s mother and two younger brothers, and
subsequently found that the asylum cases of his family members were not directly linked to
the motive for asylum relied on by the authors, not least because the mother and brothers
left in 2001, which was six years before the authors’ departure in 2007. Additionally, the
Refugee Appeals Board has obtained the asylum documents of Mr. X’s brother, S.X., and
his spouse from France and pointed out a contradiction between the statements of the
author and his brother regarding the same events. For instance, S.X. had stated before the
French authorities that the first author had fled from their home in 1999 after he had been
contacted by a former classmate and had been told to make himself ready on the next day,
which the first author had taken as a threat. The State party pointed out that the first author
did not mention the former classmate in his asylum application, and that he had stated
instead that in 1999 he had fled his home together with his brother S.X. The Refugee
Appeals Board found that the asylum case of S.X. was of no direct significance to the
authors’ case in terms of time or content, observing that S. X.’s case was linked to his own
acts and critical attitude to the militants. Finally, the State party mentions that Mr. X’s
brother U.X., who has a residence permit for Sweden, has not been granted asylum in
Sweden, but that on 10 June 2003 he had been granted time-limited residence for the period
10 June 2003 to 10 June 2008 based on his ties with a person resident in Sweden. The
residence permit was subsequently made permanent.
4.7
Regarding the author’s claims under articles 14 and 26 of the Covenant, the State
party submits that asylum proceedings do not constitute civil rights and obligations and
therefore fall outside the scope of article 14 and that the authors have failed to establish that
they have been deprived of their right to access the courts. In that respect, the Government
points to the fact that the Danish Refugee Appeals Board is a quasi-judicial body which
qualifies as a competent, independent and impartial tribunal established by law. The
Refugee Appeals Board’s decisions were further based on a procedure during which the
authors had the opportunity to present their views, both in writing and orally, to the Board
with the assistance of legal counsel. The Board conducted comprehensive and thorough
examinations of the evidence in the case. The authors have thus been granted access to a
hearing as described in article 14. Moreover, it has been established by the Supreme Court
7