CAT/C/63/D/703/2015

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
20 June 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 703/2015*, **
Communication submitted by:

I.U.K. et al. (represented by counsel, Jytte
Lindgård)

Alleged victims:

The complainants

State party:

Denmark

Date of complaint:

6 October 2015 (initial submission)

Date of present decision:

17 May 2018

Subject matter:

Deportation to the Russian Federation

Procedural issue:

Admissibility — manifestly unfounded

Substantive issues:

Risk of torture upon return to country of origin;
non-refoulement

Article of the Convention:

3

1.1
The complainants are I.U.K. and his wife, R.R.K., born in 1980 and 1981,
respectively. The complaint is also submitted on behalf of their three minor children,
Bi.I.K., M.I.K. and Bu.I.K., born in 2001, 2004 and 2011, respectively. The complainants
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. They claim
that their return to the Russian Federation would constitute a violation by Denmark of
article 3 of the Convention. The complainants are represented by counsel.
1.2
On 13 October 2015, pursuant to rule 114 of its rules of procedure, the Committee,
acting through its Rapporteur on new complaints and interim measures, requested the State
party to refrain from returning the complainants to the Russian Federation while their
complaint was being considered by the Committee. In accordance with the Committee’s
request, on 16 October 2015, the Refugee Appeals Board suspended the time limit for the
complainants’ departure from Denmark until further notice. On 13 April 2016 and 5 May
2017, the State party requested the Committee to lift the interim measures. On 25 October
2016 and 7 March 2018, respectively, the Committee, acting through the same Rapporteur,
denied the requests of the State party to lift the interim measures.
* Adopted by the Committee at its sixty-third session (23 April–18 May 2018).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Abdelwahab Hani, Claude Heller Rouassant, Ana Racu, Diego Rodríguez-Pinzón,
Sébastien Touzé and Honghong Zhang. Pursuant to rule 109 of the Committee’s rules of procedure,
Jens Modvig and Bakhtiyar Tuzmukhamedov did not participate in the consideration of the
communication.

GE.18-10056(E)

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