CAT/C/66/D/729/2016
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
14 June 2019
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 729/2016*, **
Communication submitted by:
I.A. (represented by counsel, Johan Lagerfelt)
Alleged victims:
The complainant and his two children
State party:
Sweden
Date of complaint:
26 January 2016 (initial submission)
Document references:
Decision taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted
to the State party on 10 February 2016 (not
issued in document form)
Date of adoption of decision:
23 April 2019
Subject matter:
Deportation to the Russian Federation; risk to
life; risk of torture
Procedural issue:
Failure to sufficiently substantiate claims
Substantive issue:
Risk to life or risk of torture or inhuman or
degrading treatment if deported to country of
origin (non-refoulement)
Article of the Convention:
3
1.1
The complainant is I.A., a national of the Russian Federation born in 1980, who
brings claims on his own behalf and on behalf of his two minor children, M.A. and A.A. He
claims that the State party would violate his rights and his children’s rights under article 3
of the Convention if he was deported to the Russian Federation. The complainant is
represented by counsel.
1.2
On 10 February 2016, the Committee, acting through its Rapporteur on new
complaints and interim measures, asked the State party not to expel the complainant while
the complaint was being considered.
1.3
By its note verbale dated 1 November 2018, the State party requested the Committee
to lift its request for interim measures. On 18 March 2019, the Committee, acting through
its Rapporteur on new complaints and interim measures, decided to maintain its request for
interim measures.
* Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé and Honghong Zhang.
GE.19-09724(E)