CAT/C/40/D/311/2007 Page 5 would be at risk of torture. It endorses the grounds adduced by the Asylum Review Board (CRA) and the Federal Office for the Refugees (ODR) substantiating their decisions to reject the complainant's application for asylum and to confirm his expulsion. It also recalls that the existence of a consistent pattern of gross, flagrant or mass violations of human rights does not constitute sufficient reason for concluding that a particular individual is likely to be subjected to torture on return to his or her country, and that additional grounds must therefore exist before the likelihood of torture can be deemed to be, for the purposes of article 3, paragraph 1, "foreseeable, real and personal". 4.5 With reference to the Committee’s General Comment, the State party contends that the situation in Belarus cannot, per se, constitute a sufficient ground to conclude that the complainant would be at risk of torture. The complainant failed to provide sufficient elements to conclude that he would be exposed to a “foreseeable, real and personal” risk of torture in Belarus. As to the situation in Ukraine, the State party notes that important political changes have occurred after the events invoked by the complainant when claiming that he could face a risk of torture there. The nature of the changes in question is such that the Swiss Federal Council has since qualified Ukraine as “a safe country”, for purposes of the Swiss Law on asylum. 4.6 The State party contends that the complainant admitted that in Belarus he had been sentenced to fines on three or four occasions in connection with his political activities. In addition, he claimed that his company’s implication in political activities had attracted the attention of the fiscal authorities. The State party notes, however, that the complainant never made any allusion to acts of ill-treatment inflicted on him by Belarus authorities. No such allegations were presented in the complainant’s initial submission to the Committee. 4.7 It was only in his submissions of 19 and 25 January 2007, when he affirmed that while detained in Vitebsk, he suffered from degrading and inhuman treatment, without supplying any proof in this regard. At the same time, the fax which according to the complainant confirms his detention in 1999 - 2000, submitted as an annex to the complainant’s communication of 19 January 2007, is dated 12 April 2000, but was never submitted to Swiss asylum authorities. The above elements lead the State party to conclude that the complainant’s allegations are not credible in respect of his detention and ill-treatment in Belarus. 4.8 The State party further notes that in his asylum claim, the complainant alleged that he was arrested by police in Ukraine when acting as an electoral observer and was detained and ill-treated there from 31 March to 2 April 2002. The State party notes that even if throughout the asylum proceedings, the complainant had stressed the level of gravity of the ill-treatment suffered in Ukraine, it accepts the veracity of his allegations. The ill- treatment was inflicted on the complainant allegedly because he had refused to sign a detention protocol. Thus, according to the State party, the police action constitutes an abuse (of power). But the “real” grounds for the complainant’s detention would not result in any risk of the complainant’s prosecution on return, let alone acts of torture. According to the State party, these police abuses constitute isolated acts and do not show any systematic persecution of the complainant by the police because of his political activities. 4.9 As to the complainant’s political activity in Belarus, the State party notes that in his asylum application, the complainant declared that he had been politically active in Belarus

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