CAT/C/59/D/634/2014
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
24 January 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 634/2014*, **
Communication submitted by:
M.B., A.B., D.M.B. and D.B. (represented by
counsel, Jytte Lindgard)
Alleged victims:
The complainants
State party:
Denmark
Date of complaint:
30 September 2014 (initial submission)
Date of present decision:
25 November 2016
Subject matter:
Deportation to the Russian Federation
Procedural issue:
Non-substantiation of claims
Substantive issue:
Non-refoulement
Article of the Convention:
3
1.1
The complainants are M.B. (the first complainant) and his wife, A.B. (the second
complainant), Russian nationals born in 1966 and 1975, respectively. The complaint is also
submitted on behalf of their children, D.M.B. (the third complainant) and D.B. (the fourth
complainant), born in 2010 and 2014, respectively. At the time of submission, the
complainants 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, Jytte Lindgard.
1.2
On 15 October 2014, in application of rule 114, paragraph 1, 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 communication was being considered by the Committee.
The State party acceded to this request. On 12 August and 5 November 2015, the
Committee, acting through the same Rapporteur, denied the State party’s request to lift
interim measures.
* Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Sébastien
Touzé and Kening Zhang.
GE.17-01010(E)