CAT/C/63/D/717/2015
passport.9 It noted A.Sh.’s own assertions that he was not searched for by the police and
that he never had problems with the federal-level authorities. The Federal Office for
Migration stressed that A.Sh. and Z.H. had an above-average level of education and
relevant work experience that would allow them to provide for their family’s needs and
build a new life in the Russian Federation. Finally, the Federal Office for Migration
emphasized that a large part of the Chechen population traditionally lived outside of
Chechnya. The earlier system of authorized residence (propiska) had been abolished in
1993. The authorities of the Russian Federation only take note of a citizen’s decision to
settle down in a certain area. Although some areas try to prevent uncontrolled settlement by
adopting restrictive administrative measures, such measures have been revoked by the
Constitutional Court of the Russian Federation as anti-constitutional.
2.14 On 2 February 2012, the complainants appealed against the Federal Office for
Migration decision, to the Federal Administrative Court. They argued that the question of
an internal flight alternative was only relevant once a well-founded fear of persecution had
been established. A.Sh. clarified that, contrary to his initial testimony, a gunshot wound had
been inflicted on him by an officer of the army of the Russian Federation during an identity
check operation on 3 December 2000, and not during the first military campaign of the
army of the Russian Federation in Chechnya. The complainants also submitted copies of
the summonses (see para. 2.9 above) and the translations of them into German. They used
this opportunity to inform the Federal Administrative Court about the birth of their third
child, A.M.Sh., in Switzerland on 23 December 2011. In its interim decision dated 21
February 2012, the Court stated that the appeal was devoid of any prospects of success. On
28 February 2012, the complainants submitted copies of medical certificates and the
translations of them into German.
2.15 On 24 May 2012, the Federal Administrative Court dismissed the appeal. It
considered that A.Sh. had lied to the Swiss authorities, as he initially stated that his gunshot
wound had been received during the first military campaign of the army of the Russian
Federation in Chechnya but later claimed that it had been inflicted by a Russian soldier
during a search operation in 2000. The Court did not accept the argument of A.Sh. that he
did not initially tell the truth about the origins of his gunshot wound out of fear of being
considered a Chechen insurgent by the Swiss authorities. In that context, the Court noted
that, in any event, the alleged incident had taken place more than 10 years before he had left
the Russian Federation and that it was therefore unrelated to his departure. The Court
confirmed the decision of the Federal Office for Migration that an internal flight alternative
existed under certain conditions for Russian Federation citizens of Chechen ethnicity. That
is to say, asylum seekers of Chechen ethnicity do not fear collective persecution on the
territory of the Russian Federation, except when they cannot receive effective protection
from the authorities in the alternative place of residence because they are persecuted by the
federal-level authorities. In the present case, the Court considered that the complainants,
who feared persecution by the Chechen authorities, could approach the Russian Federation
authorities for effective protection. The Court specifically noted in that context that A.Sh.
did not have any problems with the federal-level authorities of the Russian Federation and
could therefore count on their protection. Consequently, the Court stated that the Federal
Office for Migration could dispense with the requirement of determining whether or not
there existed a well-founded fear of persecution prior to deciding on the availability of the
internal flight alternative in the present case. Lastly, the Court questioned the complainants’
credibility, since they had adapted their account of the facts during the course of the asylum
procedure, and had failed to submit evidence concerning the alleged closure of their shop,
confiscation of the car, interrogation of A.Sh., existence of the declaration stating that A.Sh.
would collaborate with the authorities, and so on. The Court was not convinced by the
explanations provided by the complainants in that regard, since the uncle of A.Sh. was a
high-ranking police officer in Grozny, who should have had access to the aforementioned
evidence and could have forwarded it to the complainants. The Court also considered that,
since the summonses did not involve criminal proceedings against A.Sh. but served only as
9
4
Reference is made to the transcripts of A.Sh.’s screening interview of 10 November 2010 (at p. 6) and
of his substantive interview of 20 December 2010 (at p. 15).