CAT/C/65/D/801/2017
4.4
The State party notes that the complainant states that he is possibly being sought by
the authorities and that he refers to publicly available information that indicates that torture
still takes place at police stations on a large scale. The State party notes that it does not
doubt that the complainant has been a member of the opposition party Republic since 2009.
However, it argues that this fact alone does not constitute sufficient grounds for assuming
that if he were returned to Armenia he would be in danger of being subjected to treatment
in violation of article 3 of the Convention. It notes that, according to various country reports,
it cannot be deduced that any member of an opposition party, including Republic, who
takes part in demonstrations has a reason to fear treatment contrary to article 3 of the
Convention.3 The State party submits that the complainant has failed to substantiate his fear
of a breach of article 3 of the Convention with specific, individual facts and circumstances.
4.5
The State party notes that the complainant also refers to the problems he claims to
have had in the past with his manager and the Armenian authorities, and that he would
therefore be unable to obtain protection from the authorities upon return to Armenia. It
notes that he also claims that the investigation carried out by the Dutch authorities in
Armenia to gather information for the person-specific report could lead to problems for him
if he returned. The State party submits that these claims lack credibility. The State party
notes that the person-specific report drawn up on 10 February 2012 in response to the
investigation carried out in Armenia by the Ministry of Foreign Affairs includes the
following findings: (a) the complainant was not detained in Yerevan at any time from 15 to
20 October 2010 or from 9 to 12 November 2010; (b) the complainant was not detained at
the police station in Ashtarak at any time from 29 November 2010 to 10 January 2011 or
from 2 to 24 February 2011; (c) the complainant did not lodge a criminal complaint against
his manager on 13 January 2011; (d) the complainant worked as a driver at a government
office and was reported to have resigned from his job on 1 April 2011; (e) the complainant
is not being sought by the Armenian authorities; (f) the complainant was issued with an
Armenian passport on 12 March 2001 and 11 March 2011.
4.6
The State party notes that it attaches great importance to the general country reports
issued by the Ministry of Foreign Affairs and person-specific reports, which are based on
thorough investigations. It notes that such reports draw on a range of reports by other
organizations, such as the Office of the United Nations High Commissioner for Refugees,
the United States Department of State, the British Home Office and Human Rights Watch.
Person-specific reports are researched with the assistance of the Dutch diplomatic missions
in the countries concerned. In investigating information and documents submitted by
asylum seekers, the Ministry of Foreign Affairs enlists the services of confidential agents,
who are carefully screened for objectivity and reliability on the basis of information
supplied by institutions such as non-governmental organizations (NGOs), international
organizations, such as the International Organization for Migration, and third-country
embassies that can make impartial, informed assessments. Confidential agents must satisfy
exceptionally high requirements: they must be discreet and meticulous and have extensive
networks and access to sources of information. The use of confidential agents protects
asylum seekers and their relatives by ensuring that no one in their country of origin
associates them with the Netherlands. Confidential agents receive instructions before they
begin their investigation and their findings are discussed in meticulous detail when they
report back to the embassy. The investigation is carefully organized in such a way that the
authorities are never made aware of the identity of the person in question so as to ensure
that the investigation does not cause any problems for that person in their country of origin.
The State party submits that there is no credence to the statement by the complainant that
the investigation by the Dutch authorities in Armenia would cause problems for him if he
were to return.
4.7
The State party notes that its authorities rely on the information in a person-specific
report, as long as there are no specific reasons to doubt its accuracy or completeness and
provided that the report conveys the information impartially, objectively and clearly and
indicates the sources of the information insofar as it is possible and responsible to do so.
There is also a small unit of specialized staff at the Immigration and Naturalization Service
3
4
Ibid.