Insurgents case

Concerning Mr. M.B. and Mrs. A.B. and their two children, D.M.B. and D.B (represented by counsel, Jytte Lindgard) Vs Denmark for violation of article 3 of CAT.

Mr. M.B. submits that while grocery shopping in Nazran, Russia, 2 other men bought large quantities of food and asked M.B. to transport them. On the way he was asked to stop and 3 armed men showed up and turned out to be insurgents. A few days later armed men wearing balaclavas came to M.B’s parent’s house and they arrested his sister. When M.B arrived, he was detained, interrogated and tortured for 14 days. Thus the complainants fled to Denmark and applied for asylum.
The Danish authorities rejected the asylum application as they found that the complainants had failed to substantiate the grounds for asylum and did not accept the complainant’s statements to be factual. Thus a complaint was sent to CAT. The Committee found that the State party has failed to duly verify the complainants’ claims and evidentiary documentation. In accordance with article 3 of the Convention, the State party has an obligation to refrain from forcibly returning the complainants to the Russian Federation or to any other country where there is a real risk of them being expelled or returned to the Russian Federation.

24. March 2020

CAT 634/2014
  • Decision: 24. January 2017
  • Comm: Torture