CAT/C/60/D/653/2015
was even alive. They referred to information dated 4 October 2016 of the Ministry of
Foreign Affairs of Norway indicating that it was primarily the families of active rebels who
were exposed to reprisals by the authorities and that the risk of such reprisals may last even
after the rebel has been killed by the authorities. The complainants reiterated that their
home was intentionally burned.
7.2
The complainants referred to the State party’s submission that the results of an
examination for signs of torture merely reflected the fact that the asylum seeker suffered
from physical or mental injury, which may have been inflicted in the way described by the
asylum seeker but could also have been inflicted in numerous other ways. They maintained
that the State party’s position made it impossible to use the results of a medical examination
as evidence because only the one who was present when the damage occurred could give a
“100 per cent sure testimony”. They noted that, despite the analysis of the Amnesty
International Danish Medical Group and without providing specific reasons, the Refugee
Appeals Board had concluded that the complainant lacked credibility and that the medical
examination conducted by the Group could not lead to a different assessment of the
credibility of the complainants’ statements.
7.3
The complainants also submitted that the Refugee Appeals Board very rarely
granted witnesses permission to provide oral testimony. They emphasized that although the
Board’s decision was a majority decision and although it was not known how many of the
Board members disagreed with the decision, at least one Board member believed that the
complainants were trustworthy and that the family should not be returned to Chechnya.
Issues and proceedings before the Committee
Consideration of admissibility
8.1 Before considering any complaint submitted in a communication, the Committee
must decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
8.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party has not contested that the complainants have exhausted all
available domestic remedies.
8.3 The Committee recalls that, for a claim to be admissible under article 22 of the
Convention and rule 113 (b) of its rules of procedure, it must rise to the basic level of
substantiation required for purposes of admissibility. 15 The Committee notes the State
party’s argument that the communication is manifestly ill-founded owing to a lack of
substantiation. The Committee considers, however, that the arguments put forward by the
complainant raise substantive issues under article 3 of the Convention and that those
arguments should be dealt with on the merits. Accordingly, the Committee finds no
obstacles to admissibility and proceeds with its consideration of the merits.
Consideration of the merits
9.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 22 (4) of the Convention.
9.2
The issue before the Committee is whether the expulsion of the complainants to
Chechnya would constitute a violation of the State party’s obligation under article 3 of the
Convention not to expel or to return a person to another State where there are substantial
grounds for believing that he or she would be in danger of being subjected to torture.
15
10
See, inter alia, communication No. 308/2006, K.A. v. Sweden, decision adopted on 16 November 2007,
para. 7.2.