CAT/C/68/D/860/2018
protection. Specifically, in its first-instance decision of 26 August 2013, the Migration
Agency did not deem credible the complainant’s account of his contacts with the Russian
authorities or of his whereabouts when his passport was issued in 2004. It considered that
the stamps in his domestic passport from 2004 and 2006, as well as the registration of his
children in it, showed that the complainant was present in the Russian Federation in 2004
and 2006 and was in contact with the Russian authorities.
4.7
Further, the Migration Agency disputed the claimed authenticity of the certificate
from Chechnya’s representation abroad and the letter, allegedly from the representative of
the Chechen Republic of Ichkeria, owing to their simple nature, lack of stamps,
misspellings and lack of clarity as to their sources.
4.8
The Migration Agency also questioned the complainant’s account of the decision by
the Egyptian authorities to expel his father to Turkey, given that it had been the Russian
authorities that had requested his arrest. The Migration Agency also found implausible the
complainant’s account that the authorities in Dubai had withdrawn his residence permit and
decided to expel him to Azerbaijan, where he would not be entitled to stay or remain, and
which furthermore had an extradition agreement with the Russian Federation. The
Migration Agency disputed the complainant’s claim that his involvement with the Muslim
Brotherhood would have constituted a ground for his expulsion from Dubai.
4.9
Additionally, the return to the Russian Federation of the complainant and his family
and the issuance of Russian travel documents and other official documentation to them
shows that the Russian authorities have not had a particular interest in the complainant. The
complainant has presented no new information or evidence to the Committee that would
merit another conclusion.
4.10 The complainant argues that the Migration Agency incorrectly stated in its decision
of 15 January 2018 that he had not shared a link to the 2015 video of Ramzan Kadyrov.
However, in the complainant’s criminal case, the Svea Court of Appeal expressly referred
to the video in its judgment and the video must therefore be deemed to have been included
in the examination by the court. Further, the complainant had the opportunity to appeal the
decision of the Migration Agency of 15 January 2018. The Migration Court would then
have had an opportunity to decide to stay the enforcement of the expulsion order. While an
appeal would not have automatically suspended the enforcement of the expulsion order, the
enforcement of the order had been suspended following the Committee’s request for
interim measures. Thus, the complainant had access to an effective legal remedy.
4.11 With regard to the complainant’s claim for protection because of his father’s
political activities, the State party recalls that the complainant remained in his home town
after his father’s flight in 1999, got married, worked and assisted the rebel movement with
food and lodging. He did not claim that he was sought out or subjected to ill-treatment on
account of his father’s activities or his religion during this time, or that his father continued
his political activities after 1999. Moreover, the complainant did not resolve credibility
issues pertaining to his account of the interrogation and torture.
4.12 The complainant’s account that he risks treatment contrary to article 1 of the
Convention upon return to the Russian Federation because of his association, through a
criminal conviction in Sweden, with X is speculative. The alleged summons for
interrogation in Chechnya does not mention the crime of which the complainant is
suspected nor when it was issued. The entire summons is written in the same handwriting,
even though parts must have been filled in by the person who received it. It is questionable
that the Russian authorities would send the complainant a summons for interrogation in the
Russian Federation knowing that he and X had been sentenced to imprisonment in Sweden
and thus would be unable to abide by the summons. Further, the complainant did not know
X before he entered Sweden and has not claimed any political or religious affiliation with
him. If the Russian authorities were aware of the joint conviction of the complainant with X
in Sweden, their association would be limited to the crime they had committed. The State
party therefore contests the complainant’s claim that the Russian authorities would find
reason to interrogate the complainant about X or to subject him to ill-treatment.
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