CAT/C/60/D/653/2015
4.17 The State party reiterated that the complainants failed to mention that they had
obtained visas and tickets to go to Spain and observed, in that respect, that it also seemed
not credible, as stated by the complainants, that they were not aware that it appeared from
their visa applications that they had previously been issued with Schengen visas for the
period 8-21 August 2010 and that the visa agency had allegedly included that information
without the complainants’ knowledge. According to his statement, A.M.D. had had
personal contact with the visa agency seven or eight times in May and June 2013. The State
party maintained that it was not credible, as stated by the complainants, that they had
merely signed blank visa application forms without knowing anything about the contents of
those forms. It further observed that the complainants’ incorrect statements on international
passports and visas, which they maintained despite having had numerous opportunities to
correct them, generally weakened their credibility. Those circumstances could not be
explained by the abuse to which A.M.D. was subjected while detained, as he himself
claimed.
4.18 With regard to the 27 March 2015 report of the Amnesty International Danish
Medical Group on A.M.D.’s examination for signs of torture, the State party maintained
that it was taken into consideration by the Refugee Appeals Board in its 26 May 2015
decision not to reopen the asylum proceedings. The Board found that the examination for
signs of torture conducted by the Group could not lead to a different assessment of the
credibility of the complainants’ statements. It also found that the consistency between
A.M.D.’s description of torture, his physical and psychological symptoms and the findings
set out in the Group’s report did not mean that the complainant had been subjected to the
alleged physical or mental abuse. Accordingly, the Board maintained, based on an overall
assessment of the information on file, including the Group’s report, that the complainants
had not rendered probable the grounds for asylum on which their applications were based,
including that A.M.D. had been detained and subjected to torture and other physical abuse
by persons supporting the Chechen authorities shortly before he and M.M.Y. left Chechnya
in July 2013.
4.19 The State party referred, in that respect, to the above-mentioned observations on the
credibility of the statements made by the complainants during the asylum proceedings, not
least those on the circumstances preceding their departure in 2013, shortly after A.M.D.
was allegedly detained. The State party observed that both A.M.D. and M.M.Y. had made
incorrect statements on their passport and visa applications until they met with counsel,
although they had been given several opportunities to correct their statements.
4.20 As regards the complainants’ submission that their home in Chechnya had been
burned down, the State party observed that the Refugee Appeals Board already had, at the
initial hearing of the appeal, the relevant police statements. The State party found that the
alleged arson of the complainants’ home in Chechnya did not constitute proof that the
complainants risked being subjected to abuse of the kind covered by the Convention upon
return to their country of origin. It observed, in that respect, that no one but the
complainants and a witness had assumed that the arson had been organized by the
authorities and that the police statements indicated, as a matter of fact, that the authorities
had initiated an investigation into the incident.
4.21 Finally, the State party found that the document produced on an alleged criminal
case pending against A.M.D. could not lead to a different assessment of the complainants’
credibility. The document, which was dated 26 July 2013 but was only received by the
complainants on 7 October 2014 according to the information provided, appeared to have
been fabricated for the occasion. In that respect, the Refugee Appeals Board noted the delay
and that the background material indicated the following:
According to a Western embassy it is possible to buy any kind of documents in
Russia. …
When asked about the prevalence of false documents ordering people to report for
questioning at the police station or in court in connection with a case of support to
the insurgency, a human rights activist in Grozny (A) explained that such false
documents are very common and easy to come by. They are common because
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