CAT/C/31/D/210/2002
Page 7
5.1
In November 2002, the complainant commented on the State party’s submission.
He reiterated his previous claims and contested the findings of the Refugee Board. He
provided detailed arguments to demonstrate the authenticity of the January 1996
judgment against him and transmitted medical opinions to demonstrate that his wife is
unstable. He claimed that the Refugee Board ignored her allegation that she was raped
while in police detention in 1995.
5.2
The complainant does not provide details of his wife’s case. His wife gave details
of events after their return to the Russian Federation in 1994 in her asylum application of
16 September 1999 and 20 September 1999, and in a further interview of 9 November
1999. She alleged that after their return, she had been detained for four days during
which she was separated from her child. After returning to her home she was interrogated
again and given a blow to the head. She was subsequently charged with having left the
Russian Federation without permission and was given a suspended sentence. In her
interview on 9 November, she alleged that until 1995 she was summoned every week to
the police station to be interrogated. At this interview in November 1999, she also alleged
that in November 1995, she had been raped by more than one policeman. In January
1999, and during a search of their house, both her husband and son were beaten.
5.3
The complainant submits that if the State party does not entirely reject his
statement that he carried out activities for the Citizens’ Union, that he had certain
conflicts with the authorities, and that his home had been searched, it must be aware that
it is probable that he was subjected to torture. In this regard, he attaches information from
various non-governmental organizations referring to the torture inflicted on human rights
activists and detainees in the Russian Federation. He also claims that the techniques
employed by the torturers often leave few or no physical traces. Finally, he forwards a
copy of a medical opinion from a clinical psychologist in Norway, dated 25 November
2002, in which he is described as a “torture victim”.
5.4
By letter of 12 August 2003, the complainant informed the Committee that
although he and his family had spent some time in Norway since the registration of his
complaint by the Committee, for fear of being deported by the Danish authorities, they
have since returned to Denmark where they are staying with friends (no dates are
provided). He also attaches another letter, dated 18 April 2000, from a psychologist
stating that the complainant has “severe symptoms of P.T.S.D. (sleeping disorder, stress,
psycho traumatic suffering) as a result of imprisonment and torture in his native country.”
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22 of the
Convention. In this respect the Committee has ascertained, as it is required to do under
article 22, paragraph 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. The
Committee also notes that the exhaustion of domestic remedies is not contested by the
State party. While the State party alleges that the complainant has failed to establish a
prima facie case for the purpose of admissibility, the Committee notes that it has not
clarified the reasons on which it makes this assessment. Indeed, the Committee cannot