CAT/C/71/D/913/2019
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
24 September 2021
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 913/2019*, **
Communication submitted by:
L.H. and M.H. (represented by counsel, Viktoria
Nystrom)
Alleged victim:
The complainants
State party:
Sweden
Date of complaint:
5 February 2019 (initial submission)
Document references:
Decisions taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted to
the State party on 13 February 2019
Date of adoption of decision:
22 July 2021
Subject matter:
Deportation to the Russian Federation
Procedural issues:
Exhaustion of domestic
substantiation of claims
Substantive issue:
Risk of torture or other cruel, inhuman or
degrading treatment or punishment, if deported to
country of origin (non-refoulement)
Article of the Convention:
3
remedies;
non-
1.1
The complainants are L.H., a national of the Russian Federation born in 1983 and her
minor daughter, M.H., also a national of the Russian Federation, born in 2002; they are both
of Ingushetia origin. The complainants claim that their return to the Russian Federation would
constitute a violation by Sweden of article 3 of the Convention. The State party has made the
declaration pursuant to article 22 (1) of the Convention, effective from 1 October 1991. The
complainants are represented by counsel.
1.2
On 13 February 2019, in application of rule 114 (1) of its rules of procedure, the
Committee, acting through its Rapporteur on new complaints and interim measures, asked
the State party to refrain from expelling the complainants to the Russian Federation while the
complaint was being considered by the Committee. On 24 September 2019, the State party
* Adopted by the Committee at its seventy-first session (12–30 July 2021).
** The following members of the Committee participated in the consideration of the communication:
Essadia Belmir, Claude Heller, Erdoğan İşcan, Liu Huawen, Ilvija Pūce, Diego Rodríguez-Pinzón,
Sébastien Touzé and Peter Vedel Kessing. Pursuant to rule 109, read in conjunction with rule 15, of
the Committee’s rules of procedure, and paragraph 10 of the guidelines on the independence and
impartiality of members of the human rights treaty bodies, Bakhtiyar Tuzmukhamedov did not
participate in the examination of the communication.
GE.21-13535(E)