CAT/C/68/D/860/2018
not of itself determinative in answering the question as to whether the complainant runs
such a risk now.7
12.8 As for the complainant’s fear of Ramzan Kadyrov’s interest in him owing to his
father’s political activities, the Committee notes that while the State party objects to the
complainant’s assertion that it has not contested some of his claims and while it reaffirms
that he has not submitted written evidence in this regard, the Swedish Migration Court, in
its decision of 28 March 2014, stated that it did not question the credibility of the
complainant’s account that Ramzan Kadyrov’s forces had assaulted his father’s home in
1999. The Committee further notes that the complainant maintains that the continued
interest of Ramzan Kadyrov in him is evident from the 2015 video of him stating that he
“previously killed people such as them”, referring to the complainant’s father, and from the
summons ordering the complainant to appear for interrogation.
12.9 In that regard, the Committee notes the State party’s observation that much time has
passed since the complainant’s father was last politically active in 1999. Likewise, the
complainant’s claimed assistance to Chechen rebels occurred a long time ago and ceased 14
years before he received the summons to appear for interrogation in 2016.
12.10 Further, the Committee takes note of the State party’s argument that the complainant
has returned to the Russian Federation and that his wife and children, two of whom bear the
complainant’s last name, obtained passports from Russian embassies in 2006, 2011 and
2012, that they had no problems in doing so and returned to the Russian Federation four or
five times for family visits. Moreover, as noted by the Swedish Migration Agency in its
decision of 26 August 2013, the complainant’s wife had stated that almost everyone knew
of her father-in-law and that she was married to his son, and while she tried to avoid
attention while in Chechnya, she did obtain a marriage certificate from the local authorities.
While the complainant’s wife was questioned about her identity, her veil and the father of
her children, the complaint does not state that during their visits to the Russian Federation
they suffered any problems that would support the complainant’s claim that he runs a risk
of treatment contrary to article 1 of the Convention. The Committee further notes that the
complainant and the State party disagree as to whether, in addition to his return for one day
in 2005, the complainant also returned to the Russian Federation on other occasions. The
Committee observes that the complainant’s domestic and international passports appear to
contradict each other in that regard and that the State party’s authorities did not find the
complainant’s account of how he obtained his international passport to be credible. It also
observes that the State party concluded that his domestic passport had been tampered with.
It further observes that the repeated contacts of his wife and children, two of whom bear his
last name, with the Russian authorities and their visits to the Russian Federation, in a
context where their identities are well-known but did not lead to problems, does not support
the complainant’s contention that he runs a foreseeable, present, personal and real risk of
being subjected to treatment contrary to article 1 upon return to the Russian Federation on
account of the events prior to those contacts.
12.11 As for the complainant’s claim concerning his association with X, through a joint
conviction and as further suggested by the summons, which he believes to relate either to
his assistance to the rebel movement or to his association with X, the Committee notes the
State party’s contention that the complainant’s explanation of the summons is speculative
and does not demonstrate that he is being sought in the Russian Federation in connection
with X. It also notes the State party’s contention that the Russian authorities would have no
reason to associate the complainant with X, other than the fact that they were convicted
together in Sweden. Furthermore, the Committee notes, as observed by the State party, that
the summons was drafted in the same handwriting throughout and does not mention the
crime of which the complainant is suspected. It also notes that while the complainant
explains that he is does not know if the Russian authorities have followed up on his noncompliance with the summons given that his detention since 2015 has rendered him unable
to research the matter further, the State party observes that the complainant’s detention
clearly did not preclude him from receiving the summons in the first place. The Committee
7
See, for example, X, Y and Z v. Sweden (CAT/C/20/D/61/1996), para. 11.2; and B.N.T.K. v. Sweden
(CAT/C/64/D/641/2014), para. 8.7.
11