CAT/C/57/D/611/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
14 June 2016
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 611/2014*,**
Communication submitted by:
P.A. (represented by counsel)
Alleged victim:
The complainant
State party:
The Netherlands
Date of complaint:
10 June 2014 (initial submission)
Date of present decision:
2 May 2016
Subject matter:
Expulsion to Kazakhstan
Procedural issues:
Non-substantiation of the claim
Substantive issues:
Risk of torture upon return to the country of
origin
Article of the Convention:
3
1.1
The complainant is P.A., a national of Kazakhstan born in 1959 currently residing in
the Netherlands, where his asylum application has been rejected. The complainant asserts
that his rights under article 3 of the Convention will be violated if the State party proceeds
with his forcible deportation. The complainant is represented by counsel.
1.2
On 13 June 2014, acting under rule 114, paragraph 1, of its rules of procedure, the
Committee requested the State party not to remove the complainant to Kazakhstan while his
complaint was under consideration by the Committee.
Factual background
2.1
The complainant is of Russian ethnicity and is a Russian Orthodox Christian. Before
1999, he had encountered several issues in Almaty, Kazakhstan, owing to his Russian
* Adopted by the Committee at its fifty-seventh session (18 April-13 May 2016).
** The following members of the Committee participated in the examination of the communication
submitted by the complainant: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude
Heller Rouassant, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.16-09780 (E)
230616