CAT/C/59/D/634/2014
5.6
As to the State party’s argument as summarized in paragraph 4.13, the complainants
submit that the case of Ke Chun Rong v. Australia does not differ from theirs on the point
concerning the perception of torture victims, i.e., that complete accuracy is seldom to be
expected from victims of torture.15 Furthermore, similar to what has happened in their case,
the Australian authorities had dismissed the case of the complainant — who had been
tortured — as lacking credibility.
5.7
The complainants further submit that it transpires from the State party’s submissions
(see paras. 4.7 and 4.11) that the Board may sometimes order an examination of an asylum
seeker for signs of torture if it finds him or her credible. They find this argumentation
unconvincing, as the torture examination is necessary precisely to verify the asylum
seeker’s credibility. The complainants recall that the first complainant mentioned to both
the Danish Immigration Service and the Refugee Appeals Board that he had been subjected
to torture; nonetheless, the Danish immigration authorities did not consider ordering that he
be examined for signs of torture.
5.8
The complainants argue, therefore, that they continue to face a real, personal and
foreseeable risk of torture upon return to the Russian Federation, as the first complainant is
viewed by the authorities as an accomplice of insurgents. They reiterate that the security
situation in Ingushetia and in the North Caucasus in general is very serious; that the first
complainant suffered severe torture in detention in the past and there is medical evidence to
support his claims; and that the authorities in the Russian Federation are still searching for
him.
5.9
On 2 November 2015, the complainants submitted copies of articles published in the
Russian language on the Caucasian Knot website on 29 October 2013, 16 explaining that
they only recently became aware of the existence of these articles though Chechen
acquaintances residing in Denmark. The articles in question describe events that occurred
on 27 October 2013 in a forest area near the village of Galashki, i.e., the place to which the
first complainant was requested to drive the two men with their goods on 15 September
2013. The articles specifically mention that officers of the Ministry of Defence were
attacked by two insurgents during an operation aimed at the identification and detention of
members of illegal armed groups. In the course of the operation, one of the insurgents, R.B.,
was killed, while the second one managed to escape. In this context, the complainants
submit that, during the first complainant’s detention in November 2013, he was confronted
several times with, inter alia, the name of the insurgent mentioned in the articles as having
been killed. They conclude, therefore, that the articles support the credibility of the
statements made by the first complainant during the asylum proceedings. 17
Additional submissions by the parties
By the State party
6.1
On 8 April 2016, the State party submitted that, on 24 October 2014, the
complainants had requested the Refugee Appeals Board to reopen the asylum proceedings
with a view to granting asylum to the complainants or, in the alternative, initiating an
examination of the first complainant for signs of torture. On 11 August 2015, they
15
16
17
10
Ke Chun Rong v. Australia, para. 7.5.
The following articles are available on file: “One person killed in crossfire in Ingushetia”, “Law
enforcement officers are looking for the second participant in an attack on military personnel” and
“Fighting ended in the Sunzhen region of Ingushetia, law enforcement officers comb a forest”. The
English translation of these articles was provided by the complainants on 12 April 2016.
Reference is made to the statements made by the first complainant at the asylum screening interview
conducted by the Danish Immigration Service, at the substantive asylum interview conducted by the
Danish Immigration Service and at the hearing before the Refugee Appeals Board.