CAT/C/54/D/550/2013
as “a climate of pervading fear”, and noted disappearances of government opponents and
human rights defenders, reprisals against the families of suspected fighters and intimidation
of the media and civil society, all in an atmosphere of “personalization of power”.18
5.6
Furthermore, as to their statement concerning the actions of the masked uniformed
men, the complainants submit that practically every Chechen seeking asylum can
corroborate such stories. The fact that it is impossible to ascertain the identity of these
assailants in no way diminishes the credibility of the complainants’ story. The complainants
did not pursue the issue of their harassment with the relevant authorities in the Russian
Federation because they feared that such a course of action would be meaningless, since it
is “the authorities that are perceived to be the major threat to life and limb”. The general
lack of accountability and the ability of the authorities to act with total impunity are two
facets of life in the Russian Federation that have been commented on many times by many
individuals and organizations.
5.7
As concerns the copies of the summonses provided, the complainants note that “it
[was] established long ago that this is how the summonses look”. It is unclear why the State
party continues to challenge the authenticity of the summonses on the basis that the spelling
of the name of the father of one of the complainants is different in two documents. The
complainants note that “in Russian, all nouns, including names, are conjugated in six
different cases. For example, a masculine noun/name ending in a consonant receives the
suffix –a in the accusative, while a female noun/name with an ending in –a, changes the
ending to the Russian –y, pronounced –oo”.
5.8
Finally, the complainants note that, in a document attached to their initial
submission letter, the Office of the United Nations High Commissioner for Refugees
regional office in Stockholm stated that it was not reasonable for a Chechen asylum seeker
to seek refuge elsewhere in the Russian Federation. In this regard, they note that the State
party has ignored this information in its observations in the present case.
5.9
In conclusion, the complainants maintain that the present communication and their
claims are admissible, well-founded and reveal that their deportation to the Russian
Federation would constitute a violation of the Convention.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained 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.
6.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. It notes that in the present case
the State party has recognized that the complainants have exhausted all available domestic
remedies. The Committee finds no further obstacles to the admissibility; accordingly, it
declares the communication admissible and proceeds with its examination on the merits.
18
“PACE urges Russia to fight terrorism in the North Caucasus ‘in line with human rights’”, available
at http://assembly.coe.int/ASP/NewsManager/EMB_NewsManagerView.asp?ID=5701.
11