CAT/C/68/D/860/2018
contends that the complainant has not explained how he could have received a marriage
certificate or his children’s birth certificates without being personally present in the Russian
Federation. The State party reiterates the assessment by the Migration Agency that the
complainant’s accounts are vague and contradictory, including with respect to his passport
stamps, even though the complainant had several opportunities, orally and in writing, to
explain his asylum application. There are no indications that the domestic proceedings were
inadequate or arbitrary or amounted to a denial of justice.
Complainant’s comments on the State party’s additional observations
7.1
On 4 December 2018, the complainant provided comments on the State party’s
further submissions, reiterating that the State party had not provided any arguments against
the complainant’s account of his father’s position as adviser to Aslan Maskhadov and his
exile following the assault on his house by forces loyal to Ramzan Kadyrov; on the
complainant’s assistance in the insurgency between 1999 and 2002; and on the Migration
Agency’s self-stated lack of access to the 2015 video of Ramzan Kadyrov.
7.2
The complainant obtained his children’s birth certificates through Russian embassies
abroad and thus did not need to travel to the Russian Federation to obtain them. It was the
complainant’s wife who obtained the marriage certificate in Chechnya, which does not
suffice to refute the complainant’s assertion that he risks treatment contrary to article 1 of
the Convention upon return to the Russian Federation.
Additional submissions by the parties
By the State party
8.
In its further observations, dated 20 February 2019, the State party refers to the
complainant’s account that he obtained his children’s birth certificates through Russian
embassies rather than in the Russian Federation. The fact that the complainant only argued
this in his comments dated 4 December 2018, after the State party had pointed out these
discrepancies, undermines his credibility. The State party reiterates its objection to the
complainant’s assertion that it had not contested some of his statements and refers to its
earlier submissions regarding the position and activities of the complainant’s father.
By the complainant
9.1
In his further comments dated 11 July 2019, the complainant states that his father
lives legally in Turkey under a different name. The complainant provides copies of his
marriage certificate, the birth certificates of his children, the summons from the Russian
authorities and the passport with which he entered Sweden.
9.2
On 8 August 2019, the complainant stated that he was unaware of any follow-up by
the Russian authorities in relation to his non-compliance with the summons to appear for
interrogation on 6 October 2016, noting that his detention since 2015 has rendered him
unable to research this matter further. He is also unaware of the specific allegations against
him, but believes that the summons relates to his association with X or to his material and
financial support to the rebel movement in Chechnya. The complainant refers to publicly
available information on X and the complainant, although without mentioning the latter by
name, to which, in his submission, the Russian authorities also have access. The mere
allegations presented against X, in addition to the murder charges, render him of great
interest to the Russian authorities, and it is likely that the complainant, through his
association with X, is also of interest to the Russian authorities. Furthermore, the fact that
the complainant’s father is a well-known opponent of Ramzan Kadyrov is likely to
compound the Russian authorities’ interest in and malignancy towards the complainant.
9.3
In the past, the complainant’s father held refugee status in Turkey. The Turkish
authorities did not accept the complainant’s request for documentation of his prior status.
His father had to change his name for legal reasons when he became naturalized.
9.4
The complainant married religiously in 2001, but needed to register the marriage
only in 2006, when his family was preparing to move to Dubai. He was not personally
present when the marriage certificate was issued. Instead, his wife was accompanied by his
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