CAT/C/63/D/717/2015
authorities and not by the Russian Federation authorities. The complainants recall, however,
that they submitted evidence proving that a criminal case had been opened against A.Sh.
pursuant to articles 314 (evading serving a sentence of deprivation of liberty), 308 (refusal
of a witness or a victim to give testimony) and 208 (organization of an illegal armed
formation, or participation in it) of the Criminal Code. Therefore, the authorities are still
looking for him and there is a real, personal and present risk that he will again be subjected
to torture during interrogation or detention.
7.2
The State party’s authorities did not thoroughly evaluate the complainants’
allegations at the domestic level or find that they lacked credibility. Rather, the State
party’s authorities dispensed with such an evaluation after having concluded that there was
an internal flight alternative available to them. No “safe” area exists for the complainants in
Chechnya or the Russian Federation, since the police are looking for A.Sh. and a criminal
case has been opened against him.
7.3
The complainants reiterate their arguments with regard to the cooperation between
the Chechen authorities and the Russian Federation authorities (see para. 3.4 above). They
add that the Russian Federation authorities installed a pro-Russian Chechen regime and that
the President of the Russian Federation himself has vowed to take tougher action against
Chechen insurgents, who are considered as “domestic terrorists”.36 Therefore, there is no
internal flight alternative for refugees from the North Caucasus, such as the complainants,
since they can be questioned and arrested throughout the Russian Federation.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claim submitted in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
8.2
The Committee notes that the State party contested the admissibility of the
complaint with regard to A.Sh. and his three children on the grounds of non-exhaustion of
domestic remedies. The State party argued, in particular, that the competent national
authorities did not have the opportunity to evaluate the following new elements that had
been presented by the complainants in their complaint to the Committee: (a) the opening of
the criminal case against A.Sh. by the authorities of the Russian Federation; (b) the alleged
sentencing of the cousin of A.Sh. to three years’ imprisonment by the Supreme Court of
Chechnya in January 2013; and (c) the reported dismissal of the brother of A.Sh. from his
duty as a police officer in January 2015. The Committee also notes the State party’s
assertion that the complainants in question could have lodged a second asylum application
on the basis of the new evidence that became available after the closure of their first asylum
procedure.
8.3
In this context, the Committee notes the complainants’ acknowledgment that they
did not mention either in the course of their asylum procedure or the review procedure the
sentencing and dismissal of A.Sh.’s family members in Chechnya (see para. 5.3 above).
The Committee also notes the complainants’ assertion that the new elements constitute
further evidence corroborating the complainants’ fear of torture and persecution, which the
competent national authorities have already examined the substance of the case, rather than
“new asylum grounds”. Therefore, even if they had lodged a second asylum application, the
Federal Office for Migration would have dismissed it pursuant to article 111 (c) (2) of the
Asylum Act, as a “multiple or repeated application”. Furthermore, the new elements
concern events in Chechnya and are, therefore, inappropriate to rebut the assumption of the
authorities of the State party about the availability of an internal flight alternative for the
complainants in the Russian Federation. The Committee notes in this connection that the
36
Reference is made to Andrew E. Kramer, “Russia shows what happens when terrorists’ families are
targeted”, New York Times, 29 March 2016.
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