CAT/C/56/D/565/2013
The complainants’ comments on the State party’s observations
5.1 On 25 August 2014, the complainants submitted comments on the State party’s
observations. Essentially, they emphasize that the State party merely repeats the
arguments put forward by the Federal Office for Migration and the Federal
Administrative Court in their decisions of 28 March and 14 October 2013. According to
the complainants, the State party does not mention the detailed explanations given in
their notice of appeal of 11 November 2013, and for this reason the explanations they
gave are still relevant.
5.2 The complainants add that the State party emphasizes their relationship problems,
documented in the criminal case files submitted. On this basis, the State party suggests
that the problems of S.A.P. might stem from the conflict between the couple. The
complainants refute the State Party’s assertion — with reference to the criminal cases —
that V.P. had visited Russian dating sites where he had indicated that he wished to return
to the Russian Federation. However, they do admit that there are marital tensions
between them. According to the case files, the complainants live under psychologically
trying conditions at the home of the mother of S.A.P., and, in particular, that V.P. and his
mother-in-law are clearly at odds with each other. There has indeed been some conflict
and a minor assault. However, this is by no means comparable to the documented
injuries that the complainant sustained in the Russian Federation. It is therefore highly
implausible to speculate, on the basis of these case files, that the tensions between the
couple might have caused them to flee to Switzerland. If that were the case, S.A.P. wo uld
not have fled to Switzerland and would not have married V.P. in Switzerland. Moreover,
it is clearly documented that not only S.A.P., but also V.P., sustained injuries while they
were in the Russian Federation.
5.3 The reasons for and the extent of the tensions between the complainants may be
disputed. What is certain, however, is that the dismissal of their asylum application by
the Swiss authorities and, consequently, the risk of being sent back to the Russian
Federation are a source of considerable psychological stress for both of them, stress that
can hardly do the couple any good. Barring several periods of treatment in a psychiatric
clinic, however, the applicants have lived together all the time and still live together. The
complainants contest the assertion that V.P. had said that he wished to return to the
Russian Federation. He simply stated that he could no longer stand living with his
mother-in-law and that he wished to leave her house. Conversely, it is clearly
documented that the mother-in-law considers V.P. to be a very bad husband for her
daughter. The alleged statement that he wished to return to the Russian Federation
should be seen as a misunderstanding, as borne out by his statement made in the same
context, to the effect that he wished to obtain political asylum in Switzerland. In the
meantime, following an improvement in their housing situation, the family tensions have
been defused.
5.4 The fact that the complainant had contact with Russian women on the Internet
does not in any way give the lie to the dangerous situation that the complainants may
face in the Russian Federation. As everyone knows, such contacts are made
anonymously or with a virtual identity, and having such contacts is therefore not
incompatible with the fact that the complainants do not keep in touch with their relatives
in the Russian Federation — lest they put them at risk.
5.5 The complainants emphasize in their complaint that they have clearly demonstrated
why they must fear for their lives and physical integrity in the Russian Federation. S.A.P.
has documented the extremely serious injuries that she sustained. It is true that the
documentation on the injuries per se does not provide absolute proof as to the cause of
the injuries recorded. The injuries do, however, give a very clear indication that the
complainants would seriously have to fear for their lives and physical integrity in the
8/10
GE.16-01900