Communicated on 12 May 2016
THIRD SECTION
Application no. 11001/15
T.S.
against the Netherlands
lodged on 26 February 2015
STATEMENT OF FACTS
The applicant is a Russian national who comes from Grozny in Chechnya. She applied for asylum in the Netherlands, claiming that she feared persecution by the authorities as she was the mother of a member of the armed insurgency. Her asylum application was finally rejected by the Administrative Jurisdiction Division of the Council of State (Afdeling Bestuursrechtspraak van de Raad van State) on 1 September 2014.
The applicant is represented before the Court by Ms M.H. van der Linden, a lawyer practising in Almelo.
COMPLAINT
The applicant complains that, as the authorities in Chechnya are aware of the fact that her son has joined the insurgency and as those authorities wish to question her about her son, her expulsion to the Russian Federation would be in breach of Article 3 of the Convention.
QUESTION TO THE PARTIES
Given that the applicant’s claims – that her son is an active member of the armed insurgency and that the Chechen authorities are aware of this – have been considered credible, would she face a real risk of being subjected to treatment in breach of Article 3 of the Convention if expelled, in the light of the documents which have been submitted, as well as, inter alia, section 4.8 of the January 2015 report of the Danish Immigration Service’s fact-finding mission to Moscow, Grozny and Volgograd[1], the report issued in December 2014 by the Russian NGO Civic Assistance Committee[2], the International Crisis Group’s report “Chechnya: The Inner Abroad” of 30 June 2015[3], and the statement prepared by the Russia Program Director of Human Rights Watch for the meeting on 28 January 2016 of the Legal Affairs and Human Rights Committee of the Parliamentary Assembly of the Council of Europe[4]?
[1].
[2].
[3].
[4].
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