UN Committee against Torture issues decision on matter concerning return of asylum seeker

On 23 May 2023, the UN Committee against Torture issued a decision on a complaint against Finland concerning the return of an asylum seeker to the Russian Federation. In its decision, the Committee considers that the return of the complainant to the Russian Federation would constitute a violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which states that it is prohibited to expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

In its decision, the Committee finds that the complainant, who is of Chechen ethnicity, would face a foreseeable, real and personal risk of being subjected to torture if returned  to the Russian Federation.

According to the decision, Finland must reconsider the complainant’s asylum application. Finland is also requested to refrain from expelling the complainant while his asylum application is being reconsidered.

Finland must inform the Committee within 90 days of the steps that it has taken to respond to the decision.

Decision in PDF format in English