CAT/C/58/D/616/2014
does not have to meet the test of being highly probable, but it must be personal, present,
foreseeable and real.12
8.4
The Committee takes note of the claim that the complainant was twice arrested and
tortured. The Committee notes that, according to the complainant, the Migration Board and,
subsequently, the Migration Court both failed to take into consideration this information.
8.5
The Committee also notes that, even if it were to accept the claim that the
complainant was subjected to torture or ill-treatment in the past, the question is whether he
remains, at present, at risk of torture in the Russian Federation. The Committee notes that
the current human rights situation in the Russian Federation remains a matter of concern in
several aspects, in particular in the northern Caucasus. The Committee recalls that, in its
concluding observations on the fifth periodic report of the Russian Federation, in 2012, it
expressed concern at the 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 northern Caucasus, including
Chechnya, including torture and ill-treatment, abductions, enforced disappearances and
extrajudicial killings (see CAT/C/RUS/CO/5, para. 13).
8.6
The Committee notes that the State party has drawn attention to inconsistencies and
contradictions in the complainant’s accounts and submissions, which cast doubts regarding
his general credibility and the veracity of his claims. The Committee notes, in particular,
that the complainant could not definitively verify that his habitual and permanent place of
residence was in Chechnya, nor was he able to show any evidence that his brother and other
family members had been persecuted for their connections to the complainant. The
complainant further failed to provide exact dates, information on locations and the names of
persons involved in the events central to his claim for protection; specifically, he was
unable to provide details and descriptions regarding his places of residence and his alleged
arrests and instances of torture suffered at the hands of the Russian authorities.
8.7
The Committee further observes that the complainant merely stated before the
Migration Board and the Migration Court that he feared being subjected to torture if
returned to the Russian Federation, claiming that he had been tortured in the past, and that
he would be targeted again. The Committee notes, however, that the complainant did not
put forward any evidence indicating that the Russian authorities would target him should he
be returned. The Committee recalls that, in its general comment No. 1, it stated that it
would give considerable weight to findings of fact made by the State party concerned. The
Committee considers that, in the specific circumstances of the present case, it is not
necessary to challenge the State party’s evaluation of the evidence presented by the
complainant.
8.8
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.13 In that regard, the Committee notes, in addition to the lack of information about the
alleged instances of torture, also the discrepancies described by the State party.14 In the
light of these considerations and on the basis of all the information submitted by the
12
13
14
See, inter alia, communications No. 203/2002, A.R. v. Netherlands, decision adopted on 14 November
2003; and No. 258/2004, Dadar v. Canada, decision adopted on 23 November 2005.
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, para. 6.3; and No. 347/2008, N.B.-M. v. Switzerland, decision adopted on 14 November
2011, para. 9.9.
See, in particular, paras. 4.12-4.14 above.
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