Romanian conviction of fraud case

The complainants are Ms. I.M. and Mr. V.Z, both Romanian nationals born in 1967 and 1968 respectively. The complainants used to own a private business. In 2001, their business faced serious financial obstacles. As a result, the complainants were sued by their creditors, principally by someone called Mr. M.C. The complainants claimed that they received threats from Mr. M.C., and as a result of the pressure, Mr. V.Z. attempted suicide in February 2002. The complainant’s company went bankrupt and due to this, as well as Mr. M.C’s threats, the complainants had to leave their home. Ms. I.M. and her son arrived in Canada and were granted asylum. Mr. V.Z remained in Romania as the complainants were not officially married.

The complainants submit that in 2006, they were convicted of fraud by the tribunal of Galati (in Romania) and sentenced to 11 years of imprisonment.  The Canadian Embassy in Romania refused to issue Mr. V.Z a visa to enter Canada. The complainants then fled to Denmark. They decided to hide, which lasted for 2 years, after which they were arrested and were informed that as of 11 march 2014, they were staying illegally in Denmark, and therefore deportation to Romania was imminent. The Refugee Board stated that, although they entered Denmark in March 2011, their first asylum application was submitted in Jan 2013, after they had been arrested. The Committee of Torture considers that the complainants have failed to present substantiation of any of their claims of risk of torture under article 3 of CAT, and therefore concludes that the complaint is inadmissible.

19. December 2019

CAT 593/2014
  • Decision: 7. June 2016
  • Comm: Torture