A.M.D. and M.M.Y., born in Chechnya, present their complaint on their own behalf and on behalf of their three minor children, K.D., M.D., Z.D. regarding their deportation to Chechnya, that would expose them to a risk of torture and death.
A.M.D. provided help on several occasions to his brother, who was a Chechen rebel. The brother visited A.M.D. numerous times, usually at night, seeking shelter; A.M.D. bought clothes and medicine for him. Shortly after a visit from his brother, A.M.D. was detained by armed masked men who, as assumed, were from the pro-Russian Chechen authorities. A.M.D. was beaten; M.M.Y. was hit and lost consciousness.
A.M.D. was detained for nine days, during which time he was interrogated and tortured. He was starved, beaten with objects such as plastic bottles filled with water and subjected to very painful electric shocks. He was hit on his entire body, including his head and neck. The authorities also threatened to kill him and his family and to rape his teenage daughter. A.M.D. was released after he promised to hand over his brother to the authorities the next time he visited.
The complainants arrived in Denmark with their three minor sons and applied for asylum the same day.
The Danish Immigration Service interviewed the complainant. A.M.D. signed a consent form stating that he had been subjected to torture and that he agreed to undergo a medical examination. The Service failed, however, to order the examination for the complainant and rejected his asylum claim.
The Danish Refugee Appeals Board returned the case to the Immigration Service, annulling its first decision because new information had been submitted in relation to the complainants’ application. The Immigration Service again rejected the complainants’ request for asylum.
A.M.D. received from his daughter, who was still living in Chechnya, the copy of an order called for a criminal investigation to be opened against A.M.D. under articles 32 and 33 of the Criminal Code of the Russian Federation.
The Board rejected the asylum claim without commenting on the request for a medical torture examination.
The pleading to CAT has been presented. The Committee concluded that the deportation of A.M.D. to the Russian Federation would constitute a violation of article 3 of the Convention.
As the cases of M.M.Y. and the complainants’ three children, who were minors at the time of the family’s asylum application in Denmark, are largely dependent upon A.M.D.’s case, the Committee didn’t find it necessary to consider those cases individually.