CAT/C/58/D/616/2014
6.2
The State party adds that it considers the discrepancies and contradictions in the
complainant’s statements to the Migration Board, the Migration Court and the Committee
to be serious enough to cast doubts on the veracity of all his statements. The complainant
submitted conflicting details about very important parts of his account of the facts.
6.3
Regarding the complainant’s contention that the migration authorities of the State
party were obliged to further examine whether he had been tortured, the State party submits
that the responsibility lies with the complainant to present evidence that will substantiate
the risk of being exposed to treatment contrary to article 3 of the Convention. Where such
evidence is cited, it is for the State party to dispel any doubts about such evidence. The
State party reiterates that there is reason to question the veracity of the complainant’s
claims. The State party therefore submits that the migration authorities were not obliged to
further examine whether the complainant had been tortured in the past.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering a claim contained 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.
7.2
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. It notes that, in the present case,
the State party has recognized that the complainant has exhausted all available domestic
remedies. Accordingly, the Committee finds no obstacles to admissibility; it declares the
communication admissible as far as the complainant’s claim under article 3 of the
Convention is concerned and proceeds with the examination of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties concerned, in accordance with article 22 (4) of the
Convention.
8.2
The Committee must determine whether the deportation of the complainant to the
Russian Federation would violate the State party’s obligations under article 3 (1) of the
Convention not to expel or return (refouler) 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 there. The Committee recalls that the existence in a country of gross, flagrant or
mass violations of human rights is not in itself sufficient ground for believing that an
individual would be subjected to torture.11 Conversely, the absence of a consistent pattern
of flagrant violations of human rights does not mean that an individual might not be
subjected to torture.
8.3
Recalling its general comment No. 1, the Committee reaffirms that the risk of torture
must be assessed on grounds that go beyond mere theory or suspicion. However, the risk
11
6
See communication No. 428/2010, Kalinichenko v. Morocco, decision adopted on 25 November
2011, para. 15.3.