Concerning Mr. V. R. vs Denmark for violation of article 3 of CAT.

On 6 November 1992, the author and his wife entered Denmark and immediately applied for asylum. The author’s application was rejected and his family and he returned to Russia. Upon returning to the Russian Federation from Denmark, the complainant alleges that he was arrested and charged with unlawfully crossing the border, participating in subversive offenses and defaming persons representing authority. He alleges that he was detained by the authorities, was subjected to various forms of torture and had also been sentenced to three and a half years imprisonment. Upon release, he became a member of the Citizens’ Union where he carried out activities on civil rights issues. As a result of these activities, he alleges to have come into conflict with the authorities, which again deprived him of his liberty and subjected him to torture.

Thus the author and his wife applied for asylum in Denmark for the second time. The Danish authorities refused asylum. The author requested the Refugee Board to reopen the case, as he claimed that an opinion of the Department of Forensic Medicine was defective. The Refugee Board refused to reopen the asylum case. Thus a complaint was sent to CAT.

The Committee is not persuaded by the author’s  arguments that he faces a real and personal risk of torture if returned to the Russian Federation at the present time. Thus, the Committee concludes that the deportation of the author to the Russian Federation would not constitute a breach of CAT.