CAT/C/63/DR/698/2015 Advance unedited version
would complain at the police about it. However, he replied that was a commander of a
battalion and was thus the boss himself. When she replied that he is not a commander of her,
he threatened to kill her if she told anyone what he was doing to her. The complainant further
explained that the military men were Kadyrov’s men, meaning closer to the government than
any other official, they are above the law and they treat the Chechens as if they are worth less
than nothing and women especially so. She could not see the point of going to see a doctor
because she would not have known what to tell him due to the shame and stigma attached to
rape in Chechnya. She was in distress because she had to rent an apartment for her and her
son and it was not easy to find a cheap one. Because Yusup was the deputy commander of a
battalion, he was well-connected and could have easily found her elsewhere in the Russian
Federation. The State party argument in this respect is patently unreasonable and displays no
awareness of the reality of rape victims in Chechnya.
5.10 As to the several years delay between the arrest of the first complainant’s husband and
her rape, she explained that Yusup was not informed that her husband had been taken to a
prison in Northern Russia in the meantime. Yusup thought that her husband was still free and
inquired about his whereabouts as the military executing the arrest then transfer the detainee
to another department. For this reason they are not informed about the further course of the
proceedings. It is entirely plausible that the wife of a formerly arrested Chechen rebel would
still be of interest to the Chechen military, even after the husband was arrested.
5.11 The first complainant’s evidence has been genuine, materially consistent and detailed.
She has never sought to embellish her account or to exaggerate her evidence and has
displayed typical symptoms of an inability to speak about the traumatic events of the rape.
Her son has also given a credible account of his experience witnessing the trauma of his
mother. He stated that he did not know what Yusup used to do with his mother, when he
came and took her away, but that she would cry because of him and that this means to him
that he must have tortured her in some way. The second complainant had struggled to express
himself in Russian (rather than Chechen) and the style of questioning was challenging for a
16 years old boy suffering from black outs. In addition, the first complainant did not think it
is appropriate that her 14 years old son at the time of the rapes would be questioned about
the rape, because she had not wanted to tell her son about this. The second complainant could
not remember the name of the café in which his mother had worked; however, he was able
to correctly state that the café was by a bus terminal station. The correct name of the café is
clearly not a material aspect of the complainants’ claim. It is pertinent that the second
complainant had clearly struggled to express himself and to follow the questions. The first
complainant’s reactions and sometimes inconsistent answers in small respects do not
diminish her credibility but rather constitute a credible and typical behaviour of a rape victim.
5.12 To the extent to which the State party seeks to question that the first complainant is
actually religiously married to her husband, it is submitted that the relationship between the
two is proved by the Red Cross message from the husband to the first complainant. As regards
the Chechen authorities’ awareness of this relationship, they were clearly aware of it and the
first complainant was questioned about her husband by Yusup. Both her and her son would
form part of the risk category of family members of Chechen rebels.24 Returnees are generally
at a heightened risk of interrogation and torture by security services, and former victims of
the security services/military and Chechen rebels’ family members are at even higher risk.
To the extent that the State party seeks to question the authenticity of the Swiss Red Cross
search result and the response received by the first complainant from her husband, it is
submitted that it is untenable to question this. The husband is imprisoned in a remote prison
in Northern Russia, to which not even Red Cross employees can obtain access in person. It
is impossible to understand on what basis the State party questions that the message conveyed
by the husband to the first complainant should not be genuine or not constitute solid evidence
of their relationship. The fact that the husband is detained in that isolated prison rather than
a prison in Chechnya is a clear indication that he has been convicted of a serious crime such
as terrorism. Finally, regarding the summons and the alleged inconsistencies, the
complainants refer to the explanations in their initial submission.
24
10
The complainant refers to the ECtHR jurisprudence, e.g. I v Sweden, app. No. 61204/09, judgment of
5 September 2013.