CAT/C/55/D/566/2013
4.15 The State party therefore contends that the complainants have failed to satisfy the
requirements that the risk of torture in this case is foreseeable, real and personal.
The complainants’ comments on the State party’s observations on admissibility and
merits
5.1
In reply to the State party’s observations, on 18 August 2014, the complainants
submit that the situation of human rights in Chechnya is very different from the State
party’s description. They refer to the same report published by the Swedish Foreign Office,
available only in Swedish, that the State party had cited. According to that report, the
Russian administration is characterized by widespread corruption and human rights
activists, journalists and whistle-blowers are harassed and subjected at times to fatal
violence. According to the report, the most serious violations still occur in the northern
Caucasus, where, in the name of fighting terrorism, the civilian population is subjected to
torture, arbitrary arrests and kidnappings.
5.2
The complainants also refers to “unconfirmed reports about political murders and
disappearances” sanctioned by the authorities. This clearly demonstrates a consistent
pattern of gross, flagrant or mass violations of human rights. Various organizations have
described the situation in Chechnya as “an atmosphere of terror” and a “climate of
pervading fear”. The United Nations High Commissioner for Human Rights, Navi Pillay,
has called for accountability for murders, intimidation and harassment.
5.3
The complainants submit that, while the Migration Board and the Migration Court
are in good position to the information submitted by asylum applicants, they do not have
first-hand knowledge of the situation in the country of origin, which is especially evident in
the present case. While Mr. M.A. was interviewed in the Chechen language via an
interpreter, Ms. M.N. was interviewed in Russian, which in and of itself could be
considered a denial of justice.
5.4
Regarding the inconsistencies, the complainants submit that these are not signs of
“diminished credibility”. On the contrary, a flawless story would be a sign that it was
memorized. Furthermore, the inconsistencies can be explained by post-traumatic stress
disorder, which can result in memory dysfunction. The complainants further submit that the
State party should have referred him to an expert in forensic medicine to verify the injuries
that were inflicted when the complainants were tortured. It is the State party’s obligation to
follow up on testimonies where claims of torture are made. 10
State party’s further submission
6.1
On 18 June 2015, the State party, responding to counsel’s comments of 18 August
2014, reiterates its position that, while it does not wish to underestimate the concerns
regarding the current human rights situation in the Russian Federation and especially in the
region of the northern Caucasus, the situation in and of itself does not establish a violation
of article 3 of the Convention. The complainants’ return to the Russian Federation would
entail a breach if they could show that they are personally at risk of being subjected to the
treatment contrary to article 3.
6.2
The State party further submits that, throughout the domestic proceedings, the
complainants were represented by counsel. The Migration Court has taken all relevant
circumstances into account during the asylum proceedings. Although the initial burden rests
10
The complainants refer to European Court of Human Rights judgement, R.C. v. Sweden, application
No. 41827/07.
7