CAT/C/54/D/539/2013
was not asked to produce any identity document on his way to Sweden. On 19 May 2011,
the complainant applied for asylum in Sweden, where he was staying with a cousin, who
had limited contact with his family. Through the cousin, he found out that the Chechen
authorities had been looking for him again.
2.7
On 3 October 2011, the Swedish Migration Board rejected the complainant’s request
for asylum, finding that his story lacked credibility. The complainant notes, in particular,
that the Board considered that it was not credible that he was released one day after his
initial arrest, then re-arrested and released again after two weeks, although he was accused
of having committed a serious crime. The complainant states that the Board claimed that
such activity did not correspond to the known practices of the Chechen authorities, as
reported by human rights organizations. The complainant also points out that the Board
noted that: (i) he could not explain how his father managed to visit him in Nadterechnoe
without disclosing his location; (ii) he stated that he did not have any scars or bruises as a
result of the alleged torture and severe ill-treatment suffered; (iii) there was no information
that his relatives had been persecuted by the authorities; and (iv) he did not submit any
documentation in support of his claims.
2.8
On an unspecified date, the complainant appealed the decision of the Swedish
Migration Board before the Migration Court in Malmö. He alleged that the course of action
that he described was “normal” in Chechnya; that he was released after one day because the
Chechen authorities knew that he and his family would be afraid; and that the persecution
was a measure of control rather than a preliminary investigation. He pointed out that many
people in Chechnya were suspected of collaborating with the resistance, which made it
impossible for the authorities to conduct surveillance on all of them and their relatives. He
asserted that it was most likely for that reason that his father was not followed by the
authorities when he visited him in Nadterechnoe. The complainant also noted that the
human rights information referred to by the Board dated from 2009 and that there were
new, updated reports, including from the State party, indicating that the human rights
situation in Chechnya had worsened in 2010. On 18 September 2012, the Migration Court
rejected the complainant’s appeal. Although the Court found parts of the complainant’s
story to be supported by available country information, it still did not find the
complainant’s allegations fully convincing.
2.9
On an unspecified date, the complainant filed an application for leave to appeal the
decision of the Migration Court before the Migration Court of Appeal. The application was
rejected on 17 October 2012 and the decision to expel the complainant became final on 7
November 2012.
2.10 On 19 November 2012, the complainant met with the Migration Board about his
removal to the Russian Federation. The Swedish authorities encouraged him to return and
offered him 30,000 Swedish kronor. On 28 November 2012, he informed the authorities
that he was not interested in the money. On 8 March 2013, the complainant was informed
that he had four weeks to leave the country voluntarily.
The complaint
3.1
Given his personal situation and in the light of the previous persecution which he
had suffered in Chechnya, the complainant claims that the Swedish authorities did not
adequately assess the risk to which he would be subjected if returned to the Russian
Federation. Returning him to the Russian Federation would violate article 3 of the
Convention.
3.2
He argues that torture is widely used in Chechnya to keep the population under
control. In his case, there was no ground for his arrest nor for a criminal investigation. All
the charges were fabricated and the officials no doubt knew that. The fact that torture is
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