CAT/C/55/D/642/2014
The facts as presented by the complainant
2.1
The complainant submits that he was born and raised in Grozny, Chechnya, in the
Russian Federation, and that when he was 12 years old, the Russian federal authorities
started to persecute members of his family as they were perceived as supporters of rebel
groups within the context of the so-called “second Chechen war”. Some of his relatives
joined rebel groups, but he had no connection to any such groups. In 2000, the authorities
fabricated charges of illegal possession of weapons against one of his uncles. After his
uncle was convicted, the Russian authorities regularly broke into the complainant’s family
home and interrogated members of his family. He alleges that he was tortured and illtreated at that time.
2.2
According to the complainant, in 2004 he suffered severe injuries when a landmine
exploded right outside his house; he lost one eye and several fingers and still has pieces of
shrapnel in his head. He argues that after the explosion, the Russian authorities referred to
him publicly as a terrorist and maintained that he had been injured in combat, as he was
allegedly connected with rebels groups. Given that context, he had to escape and hide
several times.
2.3
The complainant submits that he was charged with the crime of assisting rebels and
was tried by the Russian judicial authorities. He claims that the authorities promised to stop
harassing his family in exchange for a guilty plea. Under family pressure, the complainant
pleaded guilty. He was imprisoned and severely beaten in detention. As a result of the
beatings, he had to undergo surgery, during which his spleen was removed. Thereafter, the
complainant was released and granted amnesty. However, the Russian authorities continued
to persecute him as they believed that he had intelligence about rebel groups. He moved to
Abhkhazia and went into hiding, but the authorities found him and sent him back to
Chechnya.
2.4
On 2 June 2010, armed law enforcement agents broke into the complainant’s home
and searched it. He claims that they stole personal effects and documents belonging to
several of his relatives. While they were searching for things to steal, he fled through the
backyard of the house. The agents shot at him and he was injured in one leg, but he
managed to escape. The following morning, his relatives went to the Oktyabrsky district
police department where they had their personal documents and belongings returned.
According to the complainant, his relatives were told by the authorities that the aim of the
raid had been to detain him as they had been informed that the complainant was a former
member of a rebel group. After that, he decided to flee to Sweden.
2.5
Upon the complainant’s arrival in Sweden, he filed an application for asylum before
the migration authorities. On 3 October 2010, the Swedish migration authorities refused the
complainant’s request for asylum. The complainant submitted an application for appeal
before the Swedish Migration Court.
2.6
The complainant submits that after his departure, the Russian authorities continued
to search for him. He claims that on 8 January 2011, his mother was summoned by the
Oktyabrsky district police department, interrogated by a man who did not identify himself
and asked whether the complainant was involved in Wahhabi activities. His mother denied
that he was involved with Wahhabi militants and maintained that she had not seen him
since July 2010.
2.7
On 4 August 2011, the Swedish Migration Court rejected the complainant’s
application for appeal.
2.8
The complainant submits that on 12 December 2011, he travelled to Austria and
applied for asylum there. On 2 March 2012, his application was rejected by the Austrian
authorities. They stated that he had arrived in Sweden first and that, according to the
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