CCPR/C/117/D/2443/2014
was in contact with her family, including her brother and her daughters. Her family has
informed her that the authorities are still asking for her and her son’s whereabouts.
4.7
With respect to the author’s detention in November 2012, the State party agrees with
the assessment made by the Refugee Appeals Board that the information cannot be
accepted because the events described, both seen in isolation, appear unlikely, particularly
in view of the information given by the author on her personal circumstances, including
events after her son’s departure in 2010 and other background information. The State party
observes that, according to the information she submitted, the author has not had any
connection with the Chechen rebels. She therefore appears to be a low-profile individual. It
appears unconvincing that the author would have become a person of interest to the
authorities merely for having sold bread outside her home to passers-by whose identity she
ignored. It also appears unlikely that she was able to leave the intensive care unit dressed in
a staff uniform with help from an acquaintance without being noticed by anybody,
considering that she was 58 years old at that time and had, according to her own statement,
been subjected to torture, including blows and electric shocks, while detained by the police
for a week, the consequence being that she lost consciousness and had, according to the
hospital staff, suffered a heart attack. Finally, it seems unlikely that the authorities would
have used as many resources as stated by the author to search for her after her escape and
that she could stay two months in Ingushetia without being contacted by them.
4.8
With respect to the documents produced, the State party observes that the Refugee
Appeals Board considered the alleged summonses, the letter from the author’s neighbour,
the alleged notice of the author as a wanted person and the letter from the Chechen
organization Objective and found that it could not attach any evidential importance to the
documents because, based on their contents and the time of their appearance, they appeared
fabricated for the occasion. The Board found that the author had failed to give a reasonable
explanation of why she had not produced documentation in support of her request for
asylum earlier,8 considering that she had had regular contact with her family in her country
of origin after her entry in Denmark in March 2013. The alleged summonses and wanted
person notice too were undated and, based on their language and contents, appeared not to
be genuine. Therefore, the State party cannot accord said documents any evidentiary value.
4.9
With respect to the submissions made by the author’s counsel that the Refugee
Appeals Board failed to request an examination for signs of torture despite the author’s
consent, the State party observes that when the Refugee Appeals Board considers an
asylum seeker to fall under section 7 of the Aliens Act, the Board may decide to adjourn
proceedings pending the examination of the asylum seeker for signs of torture even when it
finds the person’s statements, including those relating to torture, to be subject to some
uncertainty. The Board normally does not order such an examination when the asylum
seeker has appeared not credible throughout the proceedings and the Board therefore has to
reject the asylum seeker’s statement about torture in its entirety. Because the Board could
not accept as fact the information provided by the author concerning her grounds for
seeking asylum, it has not requested an examination of the author for signs of torture.
4.10 The Board made a thorough assessment of the author’s credibility and found that she
had failed to establish a probable risk of persecution or abuse in the Russian Federation,
which would justify asylum. The author’s communication to the Committee merely showed
8
6
The submission made by the author’s counsel that the Danish Immigration Service requested an
assessment of the authenticity of those summonses through the Ministry of Foreign Affairs is
incorrect. The author’s counsel only produced those documents after the Refugee Appeals Board
refused asylum on 6 March 2014, so the documents obviously were not considered when the
application for asylum was examined by the Service.