Advance unedited version CAT/C/63/DR/698/2015
the fear of being forced to serve in the Russian army - a complaint which he does not seem
to maintain before the Committee.
4.2
In their submission, the complainants mostly refer to the alleged grounds and evidence
in support of their claims for asylum. With the exception of the medical certificate of 27 July
2015, the elements presented to the Committee have already been the subject of a detailed
examination by the national asylum authorities. The complainants thus do not bring new
elements in challenging the decisions rendered by the Federal Office for Migration (FOM)
and the Federal Administrative Court (FAC).
4.3
The complainants applied for asylum in Switzerland on 7 January 2013. They were
interviewed personally and separately twice on 14 January 2013 and 26 March 2013. The
first complainant was reheard on 7 June 2013 by the FOM before it issued two decisions
rejecting their asylum claims. The FOM noted in particular that the complainants’ allegations
contained contradictions on key points, were partly contrary to logic and lacked credibility.
4.4
By a decision of 9 September 2013, the TAF noted that the complainants' allegations
could prove to be unfounded and, as a result, required them to pay an advance of 800 Swiss
francs. In particular, TAF considered as unlikely that, four years after the arrest of her second
husband, the first complainant would have been recognized and contacted by "an army
official called Jusup", who questioned her about the activities of her still detained husband,
then abducted and raped her several times. The TAF also found that the first complainant had
presented different versions of the incidents at the various hearings and that she did not seem
to have sought help from relatives or co-workers or filed a criminal complaint. As the advance
of costs was not paid within the time allowed, the TAF did not enter into the matter of the
complainants' appeal.
4.5
On 28 November 2013, the complainants filed an application for a re-examination of
their asylum request which was received as a new asylum application. On 24 September
2014, the FOM heard a third, and a fourth time, each of the complainants. By decision
rendered on 18 November 2014, the FOM rejected their second asylum claims. It found,
among other, that the story of the first complainant lacked credibility and was contrary to
logic. In addition, it noted that the police summons presented to support the first
complainant’s claim of persecution showed many signs of forgery. With regard to the second
complainant, the FOM found that the verbal opposition to Kadyrov's regime in the Chechen
Republic was not in itself constituting a risk of persecution and/or a risk of treatment
prohibited by Article 3 of the Convention. Since the second complainant did not receive basic
military training, his fears of having to participate in the fighting in Ukraine were not
plausible either.
4.6
On 11 March 2015, the TAF, noting several aspects casting doubt on the plausibility
of the complainant' claims, rejected their appeals against the FOM decisions. Further, the
State party proceeds to explain the reasons of the asylum authorities in support of their
decisions in more detail. It examines the case in consideration of article 3 of the Convention,
the Committee’s case-law and the specific guidelines concerning the application of this
provision in General Comment No. 1 of 21 November 1997,16 which provide that the author
must prove that she/he is running a personal, present and serious risk of being subjected to
torture in the event of deportation to her/his country of origin. The existence of such a risk
must be assessed according to elements that are not limited to mere speculation or suspicion.
4.7
In order to consider whether there are substantial grounds for believing that a
complainant would be in danger of being subjected to torture if deported, the Committee
must take into account all relevant considerations, in accordance with Article 3 (2) of the
Convention, in particular the existence of a consistent pattern of gross, flagrant or mass
violations of human rights. However, in the course of this examination, it is necessary to
determine whether the person concerned would "personally" be in danger of being subjected
to torture in the country of return.17 It follows that the existence of a pattern of human rights
violations, as mentioned in Article 3 (2) of the Convention, does not constitute a sufficient
16
17
CAT General Comment No. 1 of 21 November 1997, paras. 6 and 8.
See KN v. Switzerland (CAT/C/20/D/94/1997), para 10.2.
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