CAT/C/68/D/860/2018
finds that the apparent absence of subsequent efforts by the Russian authorities to have the
complainant appear as a suspect in a criminal case since 6 October 2016 and the absence of
links between the complainant and X, other than their conviction, does not support his
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 his
association with X.
12.12 In the light of the above, including the absence of any problems on the part of the
complainant’s wife and children in the Russian Federation and with the Russian authorities
and of any indications that the Russian authorities have followed up on the complainant’s
non-compliance with the 2016 summons, whose probative value has been questioned by the
State party, the Committee considers that it is not in a position to conclude that Ramzan
Kadyrov’s alleged statement in 2015 that he had “previously killed people such as” the
complainant’s father indicates such a risk either.
12.13 The Committee refers to paragraph 38 of its general comment No. 4, according to
which the burden of proof is upon the complainant, who has to present an arguable case. In
the Committee’s opinion, in the present case, the complainant has not discharged that
burden of proof. The Committee therefore concludes that the complainant has not adduced
sufficient grounds for it to believe that he would run a real, foreseeable, personal and
present risk of being subjected to torture upon return to the Russian Federation.
13.
The Committee against Torture, acting under article 22 (7) of the Convention,
concludes that the complainant’s removal to the Russian Federation by the State party
would not constitute a breach of article 3 of the Convention.
12