CAT/C/63/D/732/2016
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
26 June 2018
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 732/2016*, **
Communication submitted by:
Z.A. et al. (represented by counsel, Johan
Lagerfelt)
Alleged victims:
The complainants
State party:
Sweden
Date of complaint:
15 February 2016 (initial submission)
Date of the present decision:
11 May 2018
Subject matter:
Deportation of the complainants from Sweden to
the Russian Federation
Procedural issue:
Non-substantiation of claims
Substantive issue:
Risk of torture and ill-treatment
Article of the Convention:
3
1.1
The complainants are Z.A., born in 1987, his wife, R.A., born in 1990, and their
children, J.A., H.A. and H.A.A., born in 2010, 2012 and 2014 respectively, all citizens of
the Russian Federation and of Chechen ethnicity. Their applications for asylum have been
rejected by the State party. The complainants claim that their deportation to the Russian
Federation would constitute a violation by Sweden of their rights under article 3 of the
Convention. The complainants are represented by counsel.
1.2
On 14 March 2016, the Committee, acting through its Rapporteur on new
complaints and interim measures, informed the complainants that it had denied their request
for the provision of interim measures consisting of the issuance of a request to the State
party to refrain from removing them to the Russian Federation pending the examination of
their complaint.
The facts as presented by the complainants
2.1
The male complainant, Z.A., used to work as a police officer in the local police force
in Chechnya, Russian Federation. Between 2007 and 2008, the “chief” of the village the
complainants lived in claimed that some of the land in the possession of Z.A.’s family had
been fraudulently purchased and should be returned. At the time of the purchase, the
complainants did not face any problems in the village. However, after the village chief had
* 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, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé and Honghong Zhang.
GE.18-10462(E)