CAT/C/60/D/465/2011
dissenters’ march in the spring of 2007. He lodged three complaints with the Russian
Federation prosecuting authorities in connection with the police mistreatment. The
Committee notes, however, that none of them specified the alleged connection between his
mistreatment and participation in the opposition movement.
9.5
The Committee further notes that, even if it were to accept the claim that the
complainant was subjected to torture and/or ill-treatment in the past, the question is whether
he remains at risk of torture in the Russian Federation in case of forcible return there. It
notes that the complainant submitted that such a risk existed for him, particularly because
of his complaints about the police mistreatment, the telephone call in August 2008 threating
him with harm if he did not withdraw his complaint, the newspaper article about his case
published in March 2008 and his participation in the opposition rally in 2007. The
Committee notes, however, that the complainant has not put forward any evidence that the
Russian Federation authorities have been looking for him following his departure from the
country in August 2008 and would target him, in particular because of his affiliation with
an opposition movement, if he were to be returned. In this connection, the Committee notes
that it does not appear from the complainant’s submission that he was a high-profile
opponent, that his role in the spring protests went beyond joining the marches on two
occasions, or that he was politically active after his departure from the Russian Federation
in August 2008. The Committee also notes that the complainant has not disputed that he
travelled from the Russian Federation to Finland and back several times after his
participation in the dissenters’ march and the alleged police mistreatment in 2007 and
shortly before his flight to Finland in 2008. It also notes that the Finnish authorities that
examined his asylum application found that he had failed to establish that he would be at
risk of being subjected to persecution, torture or inhuman treatment upon return to the
Russian Federation.
9.6
The Committee recalls that the risk of torture must be assessed on grounds that go
beyond mere theory, and that it is generally for the complainant to present an arguable
case.8 In the light of these considerations, and on the basis of all the information submitted
by the complainant and by the State party, including on the human rights situation in the
Russian Federation, the Committee considers that the complainant has not provided
sufficient evidence to enable it to conclude that his forcible removal to his country of origin
would expose him to a foreseeable, real and personal risk of torture within the meaning of
article 3 of the Convention.
10.
The Committee, acting under article 22 (7) of the Convention, therefore concludes
that the complainant’s expulsion to the Russian Federation would not constitute a breach of
article 3 of the Convention.
8
8
See, inter alia, communications No. 298/2006, C.A.R.M. and others v. Canada, decision adopted on
18 May 2007, para. 8.10; No. 256/2004, M.Z. v. Sweden, decision adopted on 12 May 2006, para. 9.3;
No. 214/2002, M.A.K. v. Germany, decision adopted on 12 May 2004, para. 13.5; No. 150/1999, S.L.
v. Sweden, decision adopted on 11 May 2001, para. 6.3; and No. 347/2008, N.B.-M. v. Switzerland,
decision adopted on 14 November 2011, para. 9.9.