CAT/C/60/D/653/2015
9.7
Concerning the State party’s general argument that A.M.D.’s account was not
credible, the Committee recalls its jurisprudence, according to which complete accuracy is
seldom to be expected by victims of torture, and that any inconsistencies in the
complainant’s presentation of the facts are not material and do not raise doubts about the
general veracity of his claims.18 In that context, the Committee finds that, in determining
whether there were substantial grounds for believing that A.M.D. would face a foreseeable,
real and personal risk of being subjected to torture if deported, the State party has failed to
duly verify the complainant’s allegations and evidence, as required by article 3 of the
Convention.19
10.
The Committee, acting under article 22 (7) of the Convention, therefore concludes
that the deportation of A.M.D. to the Russian Federation would constitute a violation of
article 3 of the Convention.
11.
As the cases of M.M.Y. and the complainants’ three children, who were minors at
the time of the family’s asylum application in Denmark, are largely dependent upon
A.M.D.’s case, the Committee does not find it necessary to consider those cases
individually.
12.
The Committee is of the view that the State party has an obligation, in accordance
with article 3 of the Convention, to refrain from forcibly returning the complainants to the
Russian Federation or any other country where they run a real risk of being expelled or
returned to the Russian Federation. Pursuant to rule 118, paragraph 5, of its rules of
procedure, the Committee invites the State party to inform it, within 90 days of the date of
the transmittal of the present decision, of the steps it has taken to respond to the above
observations.
18
19
12
See communications No. 21/1995, Alan v. Switzerland, Views adopted on 8 May 1996, para. 11.3; No.
43/1996, Tala v. Sweden, Views adopted on 15 November 1996, para. 10.3; and No. 41/1996, Kisoki
v. Sweden, Views adopted on 8 May 1996, para. 9.3.
See communications No. 416/2010, Chun Rong v. Australia, decision adopted on 5 November 2012,
para. 7.5; and No. 558/2013, R.D. et al. v. Switzerland, decision adopted on 13 May 2016, para. 9.4.