CAT/C/60/D/465/2011
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
20 June 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 465/2011*, **
Communication submitted by:
A.P.
Alleged victim:
The complainant
State party:
Finland
Date of complaint:
14 April 2011 (initial submission)
Date of present decision:
10 May 2017
Subject matter:
Deportation to the Russian Federation
Procedural issue:
Exhaustion of domestic remedies
Substantive issues:
Torture, non-refoulement
Articles of the Convention:
3 and 22 (5) (b)
Background
1.1
The complainant is A.P., a citizen of the Russian Federation born in 1969. His
request for asylum in Finland was rejected on 9 November 2010 and he fled to Sweden on
19 November, fearing a forcible removal to the Russian Federation. At the time of
submission of the complaint, the complainant was residing in Sweden. He claims that his
deportation would violate his rights under article 3 of the Convention. The complainant is
unrepresented.
1.2
On 15 June 2011, the Committee, acting through its Rapporteur on new complaints
and interim measures, decided not to issue a request for interim measures.
1.3
On 17 October 2011, the Committee decided, in accordance with rule 115,
paragraph 3, of its rules of procedure, to examine the admissibility of the complaint
together with its merits.
Factual background1
2.1
The complainant resided in St. Petersburg. Late in the night of 28-29 July 2007,
while returning from a family celebration in an inebriated state, he was apprehended by
policemen at the exit of a metro station. They asked him for his identity documents; a
verbal conflict ensued because of the complainant’s inebriation. As he did not have the
* Decision adopted by the Committee at its sixtieth session (18 April-12 May 2017).
** The following members of the Committee participated in the examination of the communication:
1
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
Reconstructed from the complainant’s submissions and documents provided.
GE.17-10165(E)