CAT/C/63/D/717/2015
in reporting sexual abuse did not undermine the complainant’s credibility. 11 The Federal
Office for Migration based its decision only on the fact that Z.H. did not mention the rape
during the first asylum procedure, even though it was explained in the submitted medical
reports that avoidance of traumatic memories was one of the main symptoms of posttraumatic stress disorder. Furthermore, the Federal Administrative Court did not examine
the credibility of Z.H.’s rape allegations.
3.3
As a result of the traumatizing events that happened to them and their family
members in Chechnya, the complainants suffer from post-traumatic stress disorder and
major depressive disorder, which includes suicidal thoughts, and they are receiving
psychiatric and psychological therapy in Switzerland. Their son Ash.Sh. has also been
diagnosed with post-traumatic stress disorder and with enuresis unrelated to any substance
or known physiological condition and receives psychological treatment.
3.4
With regard to the internal flight alternative, the complainants argue that it is not
available to them, as they were ill-treated and persecuted by “public officials or other
persons acting in official capacities in the North Caucasus”. Therefore, they fear State-run
persecution. They refer to the 2003 paper by the Office of the United Nations High
Commissioner for Refugees according to which internal relocation to other parts of the
Russian Federation cannot be a relevant consideration where the feared agent of
persecution is a State agent. 12 The guidelines on the treatment of Chechen internally
displaced persons, asylum seekers and refugees in Europe, of the European Council on
Refugees and Exiles, revised in 2007, stated that for Chechens in need of international
protection, a viable internal protection alternative is not available. 13 With reference to the
European Court of Human Rights judgment in I v. Sweden14 and to the European Council
on Refugees and Exiles guidelines updated in March 2011,15 the complainants submit that
ethnic Chechens returning from overseas are called to meetings with the Federal Security
Service and the Ministry of Internal Affairs, where they are questioned, often with threats
and ill-treatment and demands for payment. Young men, especially, are made to collaborate
with the security services. These entities operate in the entire territory of the Russian
Federation. Therefore, there is no internal flight alternative for refugees from the North
Caucasus, since they can be questioned and forced to collaborate with the regime
throughout the Russian Federation. Even if the Chechen authorities cannot directly exercise
power outside Chechnya, they collaborate with the Russian Federation authorities, and the
latter obtain information from the Chechen authorities about persons suspected of being
insurgents. Therefore, it is obvious to the complainants that the Russian Federation
authorities will not protect them — persons of Chechen ethnicity accused by the Chechen
authorities of collaboration with the insurgents — as they act against the interests of the
Government of the Russian Federation. Consequently, the complainants run a real risk of
being interrogated, tortured and then transferred to Chechnya by the Russian Federation
authorities.
3.5
The complainants also submit that the North Caucasus region has been a centre of
political and civil conflict for quite some time, and that the Russian Federation security
forces respond to the instability with harsh actions, including extralegal sanctions and
increased monitoring that can lead to house searches, arrests, torture and killings. In that
context, the complainants quote the Committee’s concluding observations of 2012 on the
Russian Federation,16 according to which there is a widespread practice of torture and illtreatment as a means to extract confessions, and the authorities fail to carry out prompt,
effective and independent investigations into allegations of torture and ill-treatment by
officials. They also refer to the Committee’s recent decision in a complaint involving an
11
12
13
14
15
16
6
Reference is made to V.L. v. Switzerland, para. 8.8; Alan v. Switzerland (CAT/C/16/D/21/1995),
para. 11.3; and I.A.O. v. Sweden (CAT/C/20/D/65/1997), para. 14.3.
“UNHCR paper on asylum seekers from the Russian Federation in the context of the situation in
Chechnya”, para. 76, available at www.refworld.org/docid/3ea7bbd34.html.
Available at www.refworld.org/docid/4603bb602.html.
Application No. 61204/09, judgment of 5 September 2013, para. 39.
Available at www.ecre.org/wp-content/uploads/2016/07/ECRE-Revised-Guidelines-on-the-treatmentof-Chechen-IDPs-asylum-seekers-and-refugees-in-Europe_March-2011.pdf, pp. 52–53.
CAT/C/RUS/CO/5.