Advance unedited version CAT/C/63/DR/698/2015 Complainants’ further comments 6.1 On 14 March 2017, the complainants submitted further comments and evidence. They explain that after many attempts to obtain medical treatment, the first complainant was finally able to obtain financial permission to undergo psychological treatment in June 2016 and has been in regular psychological treatment since then. 6.2 The Ticino psycho-social service report of 1 February 2017 states that the first complainant has difficulties recounting what has happened to her, because for a long time she kept it ‘hidden inside her’. She normally cries during the entire session; despite the medication prescribed she displays depressive symptoms, which are difficult to contain given the real fear of removal to the Russian Federation. She is diagnosed with adjustment disorder – prolonged depressive reaction; victim of crime and terrorism and exposure to disasters or war and prescribed anti-depressant sleeping medication and Valium. As regards signs of torture, the report states that a strong endo-psychological tension and an alarmed state can be observed as evidence of a traumatic event. The report’s conclusion is that without further treatment the first complainant’s illness will become chronic. She is suffering from stress directly related to the traumatic events in her country of origin and the strong fear of possibly having to return. 6.3 The first complainant argues that she had raised her medical issue at an early stage of the asylum procedure and that the authorities have failed in their duty to obtain medical evidence in the face of credible torture allegations. 25 This medical report is pertinent to the assessment of the first complainant’s credibility that she has been raped by a military officer. 6.4 Several of her husband’s relatives, 26 currently recognized as refugees in France, have written letters confirming the marriage between the first complainant and her husband. The first complainant submits that there can be no doubt regarding the credibility of her marriage. She also submits further messages to her husband in prison via the Red Cross Tracing Service which show the intimate relationship and familiarity between the two, and demonstrate that the first complainant’s husband is still in prison in support of her claim that he was a Chechen rebel fighter. 6.5 Finally, the complainants provide country background information and submit that there is a real risk that if returned to the Russian Federation they would be exposed to torture in the form of physical ill-treatment and in the first complainant’s case, rape. They refer to a report of the Danish Immigration Service, 27 according to which violence against women in Chechnya has been increasing in recent years in the hands of state actors. They also stress the vulnerable situation of single women28who live without a male protector (husband or brother) like the first complainant and maintains that rape is suspected to be widespread in Chechnya, even though it does not get reported Close relatives of Chechen insurgents, like the complainants, are at real risk of arrest, ill-treatment, torture and rape. 29In the present case, the rape was repeatedly perpetrated by a state official, an army officer. State party’s further observations 7.1 On 11 September 2017, the State party submits further observations and notes, as a preliminary point, that the evidence annexed to the complainant’s additional comments is, for the most part, subsequent to the proceedings before the national authorities. As a result, they have not had the opportunity to examine its relevance. 25 26 27 28 29 The complainants’ counsel refers to the new draft of General Comment 1 on the implementation of article 3 of the Convention in the context of article 22, which requires state authorities to refer ‘persons alleging previous torture to an independent medical examination free of charge’. The husband’s mother, sister, brother and a person who witnessed the religious marriage between the first complainant and Mr. V.D. DIS, Security and Human Rights in Chechnya and the Situation of Chechens in the Russian Federation, January 2015, pp. 43, 54. European Union: European Asylum Support Office (EASO), EASO Country of Origin Information Report. Chechnya: Women, Marriage, Divorce and Child Custody, September 2014, p.17 and p.54. DIS report, p.54. Note of Secretariat: However, the report refers to close relatives of suspected active insurgents and supporters. 11