D.C. v. Switzerland

Communication № 889/2018
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Deportation to Russia has been suspended pending the Committee's decision on the complaint
flag Switzerland / flag Russia / Committee against Torture
Case type: asylum

The applicant in the case is a Russian national from the region called Ingushetia (“D.C.”). The case concerns the rejection of the asylum application and the applicant’s deportation from Switzerland to Russia.

Circumstances of the case

In Ingushetia an assassination attempt on D.C. was made. He allegedly became a victim of Russian security services, or non-state armed groups, or suffered from the so-called “blood feud”. Russian law enforcement agencies failed to protect him.

After D.C. left Russia, his family members were persecuted too. The Russian authorities also failed to protect them.

The Swiss authorities did not challenge the fact of the assassination attempt on the applicant, but considered that it would be safe for him to live in another region of Russia. D.C.’s application for asylum was rejected and he was ordered to be deported. The second application for asylum, wherein new circumstances of D.C.’s persecution were presented, was not considered on its merits.

After the Swiss authorities refused to consider the second asylum application, they tried to deport the applicant, but he resisted and the deportation was suspended. Immediately following the expulsion attempt D.C. was detained and placed in a deportation prison.

Thereafter D.C. turned to us.

Complaint to the Committee against Torture

In the complaint to the Committee we argued that the Swiss authorities had not considered D.C.’s second asylum application and that upon return to Russia he would run a real risk of being subjected to torture or cruel treatment in violation of Article 3 of the Convention against Torture.

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On 22 October 2018, the Committee indicated to the Government of Switzerland an interim measure requesting it not to deport the complainant to Russia pending examination of his case.

After the decision, D.C. was released from the deportation prison.

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