CAT/C/68/D/860/2018
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
20 December 2019
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 860/2018*, **
Communication submitted by:
T.M. (represented by counsel, Daniel Carnestedt)
Alleged victim:
The complainant
State party:
Sweden
Date of communication:
21 January 2018 (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 23 January 2019 (not issued
in document form)
Date of present decision:
6 December 2019
Subject matter:
Deportation to the Russian Federation
Procedural issue:
Admissibility – manifestly ill-founded
Substantive issue:
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 T.M., a national of the Russian Federation born in 1981. At the
time of the submission of the present communication, he was being held in detention,
awaiting enforcement of an expulsion order issued against him. The complainant claims
that Sweden would violate his rights under article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment if it were to remove him to
the Russian Federation. The complainant is represented by counsel.
1.2
On 23 January 2018, in application of rule 114 (1) of its rules of procedure
(CAT/C/3/Rev.6), the Committee, acting through its Rapporteur on new complaints and
interim measures, requested the State party to refrain from returning the complainant to the
Russian Federation while his complaint was being considered by the Committee. On 10
September 2018, the Committee, acting through the same Rapporteur, denied the State
party’s request of 19 July 2018 to lift the request for interim measures.
* Adopted by the Committee at its sixty-eighth session (11 November–6 December 2019).
** The following members of the Committee participated in the consideration of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón and Sébastien Touzé. Pursuant to rule 109, read in conjunction with rule 15
of the Committee’s rules of procedure, and article 10 of the guidelines on the independence and
impartiality of members of the human rights treaty bodies (Addis Ababa Guidelines), Bakhtiyar
Tuzmukhamedov did not participate in the examination of the communication.
GE.19-22198(E)