CAT/C/63/D/703/2015
serious human rights violations in Dagestan. It recalls that it expressed its concerns in its
concluding observations following the examination of the fifth periodic report of the
Russian Federation in 2012, citing numerous, ongoing and consistent reports of serious
human rights abuses inflicted by or at the instigation or with the consent or acquiescence of
public officials or other persons acting in official capacities in the North Caucasus,
including torture and ill-treatment, abductions, enforced disappearances and extrajudicial
killings. The Committee also expressed its concern about the failure of the authorities in the
Russian Federation to investigate and punish perpetrators of such abuses. 34 However, the
Committee considers that, even if it were assumed that I.U.K. was tortured by or with the
acquiescence of the authorities in Dagestan in the past, it does not automatically follow that
he would still be at risk of being subjected to torture if presently returned to the Russian
Federation.
8.10 The Committee recalls that the burden of proof is upon the complainants who have
to present an arguable case — i.e. to submit circumstantiated arguments showing that the
danger of being subjected to torture is foreseeable, present, personal and real, unless the
complainants are in a situation in which they cannot elaborate on their case. 35 In the light of
the above considerations, and on the basis of all the information submitted by the
complainants and the State party, including on the general situation of human rights in
Dagestan, the Committee considers that the complainants have not adequately demonstrated
the existence of substantial grounds for believing that I.U.K.’s return to the Russian
Federation at present would expose him to a real, specific and personal risk of torture, as
required under article 3 of the Convention.
9.
Accordingly, the Committee, acting under article 22 (7) of the Convention, is of the
view that the return of I.U.K. to the Russian Federation would not constitute a violation by
the State party of article 3 (1) of the Convention.
10.
As the cases of R.R.K. and the complainants’ three minor children are largely
dependent upon I.U.K.’s case, the Committee does not find it necessary to consider those
cases individually.
34
35
See M.B. et al. v. Denmark, para. 9.7.
General comment No. 4, para. 38.
13