CAT/C/57/D/611/2014
On 26 September, S.V. told the family that they could go to the Netherlands if they paid
$5,000.
2.11 On 27 September 2002, the complainant went to see I.’s soccer coach to collect I.’s
birth certificate, which he had left with the coach for registration. He then went to S.V.’s
house, for which he had a key. While he was trying to open the door, he was tapped on the
back by, he believes, either Ahmed or Rishwan. The complainant believes he had been
followed there from the soccer stadium where he went to pick up the birth certificate. The
man stabbed the complainant in his left side. The complainant entered the house and the
perpetrator left. The complainant, bleeding, left S.V.’s house with his family and went back
to the old cottage. He stopped at a hospital on the way, to receive treatment for his wound.
On 4 October 2002, at 6 a.m., S.V. came and told them that the train would leave at 8.20
a.m. that day. The family left Kazakhstan on the night between 5 and 6 October 2002. On 7
October 2002, they arrived in Moscow. They eventually arrived in the Netherlands on 10
October 2002.
The complaint
3.1
The complainant submits that the State party would violate his rights under article 3
of the Convention by forcibly removing him to Kazakhstan, because he believes there to be
a real risk that he would be subjected to torture or that his security would be endangered
because of his ethnic and religious background as a Russian Orthodox Christian; because
his sons were “crimped” by jihadis and one of his sons has already become a jihadi;
because he was assaulted by jihadis; because the police illegally detained, tortured and
raped him; because the private individuals and State officials responsible for attacking him
would not be punished, given the widespread impunity in the country; and because, if he
returns, he would be seen as a threat to the authorities because he threatened to tell the
media, faced torture and rape and found a way to flee the country to tell his story. The
complainant also asserts that there is a consistent pattern of gross and massive violations of
human rights in Kazakhstan and that, on this basis alone, he should not be sent there.
3.2
The complainant states that he has scars that have been examined by Amnesty
International doctors, which issued a report confirming that the scars are consistent with the
torture methods that were allegedly used on him. He has also been diagnosed with posttraumatic stress syndrome and suffers from severe depression. He cannot sleep well
because he has nightmares in which he relives his trauma and has night sweats. He is
concerned about his son A.’s connections with jihadis in Kazakhstan. The complainant
suffers from chronic suicidal ideation: he always walks with a razor in his pocket and has a
rope in his house. His wife is very concerned about his condition. He feels that he has no
future, especially because of his precarious legal status in the Netherlands and the
possibility of returning to the place where he was tortured and illegally detained.
3.3
The complainant asserts that his credibility was never questioned by the Dutch
immigration authorities, not even by the highest court, which based its decision to deny
asylum on the possibility for the complainant to relocate internally within Kazakhstan.
However, the complainant established in his second asylum procedure that this is not a
valid ground to deny his asylum claim, because: (a) under the current immigration policy,
an asylum applicant cannot be relocated internally if the trauma against him or her was
caused by perpetrators who are in general not being punished for their acts, which is the
case because police officers often detain and torture people illegally in Kazakhstan with full
impunity; and (b) the complainant was not allowed — unfairly — to present his medical
report as new evidence for his second asylum procedure, despite the fact that the report
indicated that relocation in Kazakhstan is not possible for the complainant on medical
grounds because of his negative experiences with the authorities there, which he associates
4
GE.16-09780