CAT/C/55/D/566/2013
was beaten over four or five days before he was released. During his detention, his house
was searched by the Russian military authorities. In 2003, he was arrested again and beaten
during the interrogation. After his release, his aunt informed him that his parents had been
killed during his detention by members of the Russian army. Afterwards, he joined the
rebel movement.
2.3
The complainants further submit that Ms. M.N.’s former husband was killed in
2004. After his death, she supported herself by selling medicines. It was in this context that
she was accused of supplying medicines to rebels. On two occasions, in 2007 and in
September 2008, she was brutalized by the Russian military authorities. She was pregnant
and, as a result of torture, she suffered miscarriages both times. In May 2005, during a
“firefight”, Mr. M.A. was wounded and two of his friends were killed. Thereafter, he lived
for a period in Dagestan and with relatives in Chechnya, before escaping to Sweden. On 20
January 2009, the complainants arrived in Sweden and requested asylum.
2.4
On 21 November 2009, the Migration Board denied the complainants’ request for
asylum and ordered their expulsion to the Russian Federation. The Board accepted that they
were of Chechen origin but considered that the situation in Chechnya had been improving
continuously and thus not all Chechen asylum seekers were to be granted international
protection. Further, the Board stated that there were significant discrepancies in the
complainants’ accounts that made their request ill-founded. The complainants appealed
against this decision before the Migration Court.
2.5
According to the complainants, Ms. M.N. was in contact with her brother who
helped her obtain an affidavit concerning her situation in Chechnya. Nevertheless, he was
arrested and killed by the Russian police shortly after he sent her the document. Only the
clothes he was wearing and his belongings were returned to the family, not the body. She
also contacted her cousin for the same purpose; he was killed at home by unknown
assailants. Thereafter, Ms. M.N.’s sister asked her not to contact her or any other relatives.
She also informed Ms. M.N. that their parents had been denied their pension and that the
authorities had asked them to provide information on the whereabouts of the complainants.
At the same time, Mr. M.A. was informed by his aunt that the procurator’s office had
issued a warrant for his arrest. His aunt died in January 2011, and thus he no longer has any
living relatives in Chechnya.
2.6
On 11 April 2011, the Migration Court rejected the complainants’ appeal. The
Court, in line with the Migration Board’s decision, stated that the evidence produced by
them was not sufficient to substantiate their claim regarding the personal risk to which they
would be exposed if returned to their country of origin. Therefore, it concluded that their
fear of persecution was not well-founded and that there were no grounds for granting them
residence either as refugees or as persons in need of international protection.2 The
complainants filed an application for appeal to the Migration Court of Appeal. On 8 May
2012, the Migration Court of Appeal denied the appeal and the Migration Court’s decision
became final.
2.7
According to the complainants, at the time of submission of the complaint, there is
no information as to when their expulsion may take place. However, since Mr. M.A. had
been taken into custody shortly before submitting the present complaint to the Committee,
they fear that the removal may be imminent.
2
The English summary of the Migration Court’s decision, provided by the complainants, does not
contain any further detail.
3