CAT/C/62/D/685/2015
documents did not substantiate the claim that D.M. had the power to influence the outcome
of a potential trial against the male complainant or that he was connected to the local clan.
The complainants appealed the decision to the Administrative Jurisdiction Division of the
Council of State on 28 June 2014. In the appeal, they claimed that D.M. was now in charge
of the police station in Yerevan. The appeal was rejected as manifestly unfounded on 5
September 2014.
The complaint
3.1
The complainants claim that there is a real risk that they would be subjected to
torture or that their security would be endangered if they were to be returned to Armenia.
They claim that they are at risk of being killed or ill-treated by D.M. or a locally influential
clan, as the male complainant has previously been threatened and physically assaulted in
Armenia, and as his brother has also been assaulted. They claim that the domestic
authorities in Armenia will not be able to protect them upon return.
3.2
The complainants also claim that the male complainant will be prosecuted on drug
trafficking charges in Armenia and that he will not be afforded a fair trial due to corruption
in the judiciary.2 They claim that if returned to Armenia, the male complainant is at risk of
being beaten and tortured by the police.3 They argue that there is a consistent pattern of
gross and massive violations of human rights in Armenia. They submit that on this basis
alone, the State party should refrain from deporting them to Armenia.
State party’s observations on admissibility and the merits
4.1
On 7 December 2015, the State party submitted its observations on the admissibility
and the merits of the complaint. The State party submits that the male complainant’s claim
that he will not be afforded a fair trial in Armenia falls outside the scope of the Convention
in the circumstances of the case and that this part of the communication should be found
inadmissible as incompatible with the provisions of the Convention.
4.2
The State party notes the complainants’ claim that substantial grounds exist for
believing that the male complainant would be in danger of being subjected to torture upon
return to Armenia. The State party also notes that the male complainant’s account of the
reasons why he left Armenia was deemed to be credible. However, it submits that the
complainants did not satisfactorily establish that they would face a risk of treatment
contrary to article 3 of the Convention upon return to Armenia. The State party argues that
due care was exercised in the domestic asylum procedures and that article 3 of the
Convention was taken into account during the process. It notes that the complainants were
interviewed several times and questioned on the facts and circumstances of their departure
from Armenia. They were given the opportunity to submit corrections and additions to the
reports of these interviews, and to respond to the notifications of intent to deny their asylum
applications. The State party argues that the complainants’ accounts were carefully assessed
by the Immigration and Naturalization Service and reviewed by the district court and the
Administrative Jurisdiction Division.
4.3
The State party refers to country reports on Armenia issued by the Minister of
Foreign Affairs of the Netherlands. It notes that, as per these reports, as well as other
country reports on Armenia, the human rights situation in the country gives cause for
concern. However, it argues that there is no reason to conclude that expulsion to Armenia
would in itself involve a risk of a contravention of article 3 of the Convention, as the
threshold for accepting such a general state of violence is high. The State party submits that
it is therefore for the complainants to make a persuasive case for their fear of a breach of
article 3 of the Convention, on the basis of personal facts and circumstances.
2
3
4
The complainants refer to a United States Department of State country report on Armenia dated 27
February 2014, according to which courts remain subject to political pressure from the executive
branch.
The complainants refer to the same United States Department of State country report, according to
which police regularly beat suspects upon arresting and interrogating them, mainly to extort
confessions.