I.U.K. and R.R.K. are ethnic Chechens of the Muslim faith holding the citizenship of the Russian Federation. At the time of submission, they were residing in Denmark and awaiting their deportation to the Russian Federation, following the rejection of their asylum applications. The complainants requested the Danish Refugee Board to reopen the asylum proceedings and to extend the time limit for their departure from Denmark. As a reason for their request, the complainants referred, inter alia, to the fact that they had requested the Amnesty International Danish Medical Group to conduct an examination of I.U.K. for signs of torture. The Board refused to reopen the complainants’ asylum proceedings.
They argue, in particular, that I.U.K. risks being detained and subjected to torture by the authorities or the insurgents in case of his return to Dagestan. In support of their claim, the complainants state that I.U.K. was detained and subjected to torture by police in Dagestan after having been threatened by insurgents into helping buy food and medication for them. They add that the authorities suspected I.U.K. of collaborating with the insurgents and that, therefore, he was unable to seek the authorities’ protection against the insurgents.
The complainants submit that Denmark would breach its obligations under article 3 of the Convention by returning them to the Russian Federation.
The Committee considers that the complainants have not adequately demonstrated the existence of substantial grounds for believing that I.U.K.’s return to the Russian Federation at present would expose him to a real, specific and personal risk of torture, as required under article 3 of the Convention.
Accordingly, the Committee is of the view that the return of I.U.K. to the Russian Federation would not constitute a violation by the State party of article 3 (1) of the Convention.