CCPR/C/117/D/2443/2014
that this is circular reasoning, because an investigation for torture could confirm if the
asylum seeker’s statements are wrong or correct.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol to the Covenant.
8.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
8.3
The Committee takes note of the author’s claim that she has exhausted all effective
domestic remedies available to her. In the absence of any objection by the State party in this
connection, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
8.4
The Committee has taken note, first, of the author’s general claims regarding a
possible arbitrary detention she may face if returned to the Russian Federation, in violation
of her rights under article 9 of the Covenant. In that connection, the Committee recalls
paragraph 12 of its general comment No. 31 (2004) on the nature of the general legal
obligation imposed on States parties to the Covenant, in which it refers to the obligation of
States parties not to extradite, deport, expel or otherwise remove a person from their
territory when there are substantial grounds for believing that there is a real risk of
irreparable harm, such as that contemplated by articles 6 and 7 of the Covenant. The
Committee considers that the author has failed to provide sufficient information and factual
support regarding this particular claim. In the absence of any further pertinent information
on file, the Committee considers that the author has failed to sufficiently substantiate this
claim for the purposes of admissibility. Accordingly, it declares that part of the
communication inadmissible under article 2 of the Optional Protocol.
8.5
The Committee notes the State party’s argument that the author’s claims under
article 7 of the Covenant should be declared inadmissible as manifestly unfounded since the
author has failed to establish a prima facie case for the purposes of admissibility owing to
insufficient substantiation. However, the Committee considers that the author has
adequately explained the reasons for fearing that her forcible return to the Russian
Federation would result in a risk, for her, of a treatment incompatible with article 7 of the
Covenant.
8.6
Accordingly, the Committee considers that the communication is admissible in so
far as it raises issues relating to article 7 of the Covenant and proceeds with the examination
of its merits.
Consideration of the merits
9.1
The Committee has considered the present communication in the light of all the
information made available to it by the parties, in accordance with article 5 (1) of the
Optional Protocol.
9.2
The Committee must decide, first, whether the author’s removal to the Russian
Federation would constitute a violation of her rights under article 7 of the Covenant. In this
connection, the Committee recalls its general comment No. 31, in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
9