CAT/C/63/D/719/2015
that high-level corruption remains a problem in Armenia. Whistle-blowers do not receive
protection, and anti-corruption organizations have warned that government officials
continually ignore reports of corruption. In this context, it is particularly important to
remember that Mr. Abrahamyan is still the Deputy Chair of the Republican Party of
Armenia and was, until recently, the Prime Minister of the country. Mr. Abrahamyan is
considered to be a very powerful person with great influence who is not afraid to use his
power in order to achieve his goals. The fact that Mr. Abrahamyan is in a powerful position,
and the harmful information H.A. has at her disposal, leave the complainants at a personal
and present risk of treatment incompatible with article 3 of the Convention.
7.5
The counsel submits that the complainants have given a likely and logical
explanation for their actions subsequent to the events of February and March 2008. In
accordance with the established case law of the Committee, the authorities are under the
obligation to verify the facts, which are sufficiently detailed. 21 Counsel submits that the
State party failed to verify the facts of the asylum account, even though the complainants
provided clear indications of the risks and information on the persons from whom they
feared retribution. The lack of a rigorous examination of the asylum claim is all the more
unacceptable since some of the facts have been accepted by the parties concerned.
7.6
With regard to medical evidence, counsel notes that the State party failed to take into
account the Netherlands Institute for Human Rights and Medical report of 15 April 2014
when assessing the credibility of the complainants’ asylum claims. He refers to the
European Court of Human Rights jurisprudence, which deems that an excessively
restrictive approach to the consideration of whether there are new elements in the second
asylum procedure fails to meet the standard of careful and rigorous examination required to
ensure effective protection against a risk of a violation of article 3. 22 The counsel notes the
Institute’s conclusion that mental problems explain discrepancies in the account of H.A.,
the inconsistent recall of details of torture and detention, and the late disclosure of sexual
violence, a particularly shaming form of torture. Scientific research shows that torture
victims recall more and different details of painful traumatic experiences after repeated
interviewing. In the Institute’s report, it is noted that H.A. was interviewed only 23 days
after giving birth to her son, an event that may have affected her level of concentration and
memory.
7.7
In the light of the above-mentioned explanation and substantiation of some essential
elements of the medical aspects of the present case, the counsel for the complainants
submits that the arguments of the State party cannot be sustained. The mere fact that some
parts of the asylum account have been deemed credible, in conjunction with the lack of
rigorous scrutiny by the State party’s authorities, and H.A.’s state of mental health as
described in the Institute’s report, should lead to the conclusion that substantial grounds
exist for believing that the complainants will be exposed to torture if returned to the country
of origin.
Additional observations by the State party
8.1
On 4 May 2017, the State party submitted additional observations on admissibility
and the merits of the case. It reiterated that the complaint is inadmissible due to the
complainants’ failure to exhaust all available domestic remedies. The complainants had the
opportunity to lodge an appeal with the Administrative Jurisdiction Division of the Council
of State, and to apply for a provisional measure to prevent their expulsion pending appeal.
The State party disagrees with the complainants’ position that an appeal to the Division is
not a remedy that needs to be exhausted since it does not have an automatic suspensive
effect. Although there is no statutory obligation to suspend expulsion while an appeal is
pending before the Division, the Division’s case law in effect provides a legal guarantee
that, when an alien has applied for a provisional measure to prevent expulsion, he or she
will not be expelled before the Division’s President has rendered a judgment on that
application. An appeal to the Division is, therefore, a domestic remedy that can bring
21
22
See A.S. v. Sweden (CAT/C/25/D/149/1999), para. 8.6.
See the European Court of Human Rights decision in M.D. and M.A. v. Belgium (application no.
58689/12), judgment of 19 January 2016, and para. 64.
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