CAT/C/40/D/311/2007
Page 6
and was fined for his actions. He had continued his activities in Belarus after his departure for
Ukraine. These allegations were dully examined by both the CRA and the ODR.
4.10 The State party notes that in his submission, dated 25 January 2007, the complainant
added that his company was also implicated in his political activities. This company was
allegedly used to order and print propaganda material. However, in his appeal to the CRA,
the complainant mentioned that he had had no intention to use the company for the financing
of the mentioned printed materials. The State party notes that such activities would have,
without doubt, prompted an immediate reaction by the Belarus authorities, such as the
revocation of the printing permit, or the engagement of the complainant’s criminal liability
and his arrest. At the same time, however, the complainant admits that the company, which
was closed at the end of 2000, continued to exist after his departure for Ukraine, and that he
only learned later that procedures against him were initiated and he was sought in this
respect. In addition, the State party notes that the complainant registered with the Belarus
Embassy in Ukraine in 2000; this Embassy issued him a passport in 2002, valid until 2006. In
these circumstances, the State party concludes that it is not probable that the complainant in
fact conducted any opposition political activities in his country of origin.
4.11 The State next recalls that the complainant has claimed that in May 2000, he and his
spouse became members of the RUKH. At the same time he submitted a copy of a certificate
drawn up in December 2002, according to which he became a party member only in 2002. At
the end of March 2002, he allegedly received a letter from the current president of Ukraine,
and this incited him to become politically active in Ukraine, and to act inter alia as an
electoral observer for the March 2002 elections. According to the State party, in light of the
above, it is questionable whether the complainant was politically active in Ukraine.
4.12 On the complainant’s general credibility, the State party recalls that as far as the
situation in Belarus is concerned, he presented many grounds before the Committee that were
not invoked before Swiss asylum authorities, and were not even invoked in his initial
submission to the Committee. The only evidentiary material related to his alleged detention is
the confirmation that he allegedly received by fax recently. Given the duration of the
detention in question, the State party expresses surprise at the fact that the complainant did
not produce any other proof in relation to both the detention and its context, in particular
concerning the allegedly degrading and inhumane treatment to which he was subjected in
detention.
4.13 The State party further notes factual inconsistencies in the complainant’s allegations. It
notes first, that the complainant affirmed that the Belarus authorities encouraged him to leave
the country in 1998. After his departure to Ukraine however, he continued his activities and
regularly returned in Belarus. These returns, during more than two years, show, according to
the State party, that the complainant was at any risk of persecution in Belarus, contrary to his
allegations.
4.14 The State party also notes that the complainant has submitted to the CRA a letter dated
8 November 2001, issued by the Police Department of Vitebsk, according to which the
complainant was not sought in Belarus.
4.15 The State party recalls that the complainant has claimed that he was persecuted by
Ukrainian Security Services because of his refusal to share the results of his inquiry in
relation to the alleged murder of the Mayor of Kmelnitsky. It notes that the complainant has