CAT/C/59/D/634/2014
Complainants’ comments on the State party’s observations
5.1
In their submissions of 11 October 2015, the complainants provided a copy of the
first complainant’s medical record for the period from 7 January 2014 to 12 June 2015,
stating that he most likely suffers from a severe case of post-traumatic stress disorder. They
state that his psychological situation is critical: he suffers from depression, anxiety and loss
of appetite, has difficulties sleeping because of nightmares and has suicidal thoughts. The
complainants also submit a copy of the medical report issued by the Amnesty International
Danish Medical Group on 29 September 2015, in which the first complainant’s current
physical and psychological symptoms are described and his score of 3.6 on the Harvard
Trauma Questionnaire given, a score of above 2.5 being consistent with post-traumatic
stress disorder. It is also confirmed in the report that physical injuries identified on the first
complainant’s body during medical examination are compatible with the description of
beatings to which he had been subjected in detention and that he reacts strongly to mention
of the abuse he suffered. The complainants submit that, contrary to what is claimed by the
State party (see para. 4.13), the aforementioned medical documentation represents new
information.
5.2
With reference to the report on the security situation in Ingushetia issued by the
Norwegian Country of Origin Information Centre (Landinfo) on 3 November 2014, the
complainants submit that the security situation remains very serious. Mistreatment of
detainees, described as torture by sources, is still taking place on a regular basis. The
insurgents in Ingushetia are still active, owing to the spillover effect of the ongoing
insurgency in neighbouring Chechnya. 13 Although the leader of Ingushetia claimed in an
interview on 27 May 2015 that the North Caucasian insurgency in Ingushetia had been
“defeated”, he also stated that “there [was] a long way to go” before it could be said to be
completely destroyed.14
5.3
The complainants reiterate that they have a double motive for seeking asylum, as the
first complainant fears persecution from both the insurgents and the authorities, and the
authorities will not protect him from retaliation or reprisals by the insurgents (see para. 3.2).
5.4
In response to the State party’s argument as summarized in paragraph 4.14, the
complainants submit that the letters in question had been mailed by the first complainant’s
sister on 28 August 2014 and were received by them before the meeting of the Refugee
Appeals Board on 12 September 2014. They refer to the text of the Board’s decision in
relation to the first complainant as proof that the letters were mentioned during the hearing,
but the Board did not comment on them in the decision. The complainants state, therefore,
that the State party’s argument that the letters were presented only in their complaint to the
Committee is factually incorrect.
5.5
The complainants argue that inconsistencies in the first complainant’s statements are
explained by his poor psychological state and the torture to which he was subjected. They
find it surprising, therefore, that the Danish immigration authorities expect him to give a
precise explanation of details of lesser importance, such as what exactly he transported on
15 September 2013, the place to which he delivered goods or the circumstances when he
woke up in prison. They state that there seem to be no significant differences in the first
complainant’s statements and that small discrepancies could be due to the fact that his
explanations have been translated.
13
14
Reference is made to an article published on the Caucasian Knot website on 21 September 2015,
according to which several hideouts with weapons belonging to Chechen insurgents were discovered
on the border between Ingushetia and Chechnya.
Reference is made to the article entitled “Yevkurov says insurgency ‘defeated’ in Ingushetia”
published on the Radio Free Europe/Radio Liberty website on 8 October 2015.
9