CAT/C/59/D/634/2014
and whether he was handcuffed. The Board also observed that his statement contained
many small inconsistencies, which, however, could not in themselves be accorded crucial
importance. In that respect, the Board assessed whether the reason for the inconsistencies as
a whole might be that the first complainant had been subjected to abuse, as he had claimed.
However, on the basis of an overall assessment, the Board found that that could not be the
case. Accordingly, the Board found that the first complainant would not risk persecution as
set out in section 7 (1) of the Aliens Act or be in need of protection status as set out in
section 7 (2) of the Act should he return to the Russian Federation. For the same reasons,
the Board found no basis for adjourning the case pending an examination for signs of
torture.
2.8
In a separate decision, also dated 12 September 2014, the Refugee Appeals Board
assessed the second complainant’s ground for asylum, i.e., her husband’s fear of being
killed by the authorities, including the Federal Security Bureau, if returned to Ingushetia in
the Russian Federation. The Board did not accept the statement made by the second
complainant in support of the asylum application as fact, because it contained many
inconsistencies. Accordingly, and since she had no independent grounds for asylum, the
Board found that the second complainant would not risk persecution as set out in section 7
(1) of the Aliens Act or be in need of protection status as set out in section 7 (2) of the Act
should she return to the Russian Federation.
2.9
The complainants were informed by the first complainant’s elder sister that the
Federal Security Bureau had continued to look for him after he and his family fled the
Russian Federation and that Bureau officials had come to the family’s house several times,
including in December 2013, February 2014 and March 2014. During one of those visits,
the authorities searched the house and seized documents, including the first complainant’s
birth certificate, school diploma and business documents. The authorities last went to their
house in mid-September 2014.
The complaint
3.1
The complainants submit that the first complainant was subjected to torture in the
Russian Federation and that the Danish immigration authorities rejected their asylum
applications without summoning the first complainant for an examination for signs of
torture. With reference to the Committee’s jurisprudence,9 the complainants argue that, in
its credibility assessment, the Refugee Appeals Board did not take into account that persons
who have been subjected to torture have difficulties in giving an account of facts, including
dates.
3.2
The complainants claim that the first complainant’s deportation to Ingushetia in the
Russian Federation would expose him to the risk of being tortured or killed by the Federal
Security Bureau, which believes that he is an insurgent. He also fears being tortured by the
insurgents because he signed an agreement to cooperate with the authorities in their search
for the insurgents. In addition, the first complainant claims that the authorities in the
Russian Federation will not protect him against the insurgents, because of his imputed
cooperation with the latter. For these reasons, the first complainant submits that the State
party will be in breach of its obligations under article 3 of the Convention if they return him
and his family to the Russian Federation.
State party’s observations on admissibility and the merits
4.1
The State party submitted its observations on admissibility and the merits on 14
April 2015. As to the facts on which the present communication is based, it refers to the
9
4
Reference is made to communication No. 416/2010, Ke Chun Rong v. Australia, decision adopted on
5 November 2012, para. 7.5.