CAT/C/63/D/703/2015
I.U.K. was subjected to abuse. The State party refers in this respect to the Committee’s
decision in S.A.P. et al. v. Switzerland.22
6.3
The State party noted the Committee’s decision in M.B. et al. v. Denmark,23 in which
it stated, inter alia, that the impartial and independent assessment of whether the reason for
the inconsistences in the first complainant’s statements might be that he had been subjected
to torture could have been made by the Board only after having ordered the first
complainant’s examination for signs of torture. The State party submits that it disagrees
with the view expressed by the Committee in that decision and finds that the circumstances
that an asylum seeker may request an examination for signs of torture does not in itself lead
to an absolute obligation on the part of the immigration authorities to initiate such an
examination, not even in cases in which an asylum seeker has produced medical
information indicating that he or she might have been subjected to torture. It maintains that
the issue of whether to initiate an examination must be determined on the basis of an
individual assessment, including an assessment of whether the outcome of the examination
must be deemed to be of significance to the Board’s decision. Finally, the State party
observes that the Committee’s general comment No. 1 (1997) on the implementation of
article 3 of the Convention does not imply either that there is an obligation to initiate an
examination for signs of torture for the mere reason that an asylum seeker claims to have
been subjected to torture. The State party also recalls that, when exercising its jurisdiction
pursuant to article 3 of the Convention, the Committee should give considerable weight to
the findings of fact made by the organs of the State party concerned.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim submitted in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
7.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any complaint from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party has not contested that the complainants have exhausted all
available domestic remedies.24 The Committee therefore finds that it is not precluded from
considering the communication under article 22 (5) (b) of the Convention.
7.3
The Committee recalls that, for a claim to be admissible under article 22 of the
Convention and rule 113 (b) of its rules of procedure, it must rise to the basic level of
substantiation required for purposes of admissibility. 25 The Committee notes the State
party’s argument that the complaint is manifestly unfounded owing to a lack of
substantiation. The Committee considers, however, that the arguments put forward by the
complainants raise substantive issues under article 3 of the Convention and that those
arguments should be dealt with on the merits. Accordingly, the Committee finds no further
obstacles to admissibility, declares the complaint admissible and proceeds with its
consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 22 (4) of the Convention.
8.2
In the present case, the issue before the Committee is whether the return of the
complainants to the Russian Federation would constitute a violation of the State party’s
22
23
24
25
10
See S.A.P. et al. v. Switzerland (CAT/C/56/D/565/2013), para. 7.4.
See, M.B. et al. v. Denmark, para. 9.6.
See, for example, X.Q.L. v. Australia (CAT/C/52/D/455/2011), para. 8.2.
See, for example, K.A. v. Sweden (CAT/C/39/D/308/2006), para. 7.2.