CAT/C/40/D/311/2007 Page 7 not explained either to the Swiss asylum authorities or in his communication to the Committee why and how he was able to conduct a scientific inquiry on the causes and the results and consequences of the accident. The State party expresses surprise at the fact that, given the time elapsed, the complainant never substantiated his allegations earlier, either by specifying the reasons for his inquiry, by indicating the names and the qualifications of the specialists consulted, or by producing the results of his inquiry. The State party concludes that the complainant’s allegations about his persecution by Ukrainian Security forces lack credibility. Finally, the State party notes that RUKH is a party with nationalist orientation. At no point of time did the complainant explain why he became a RUKH member and invested himself actively. 4.16 The State party concludes that thus there are no serious reasons to believe that the complainant would be at risk of torture, concretely and personally, in case of his return to either Belarus or Ukraine. In addition, being a Belarusian national, he does not risk to be expelled to Ukraine. Complainant’s comments on the State party’s observations 5.1 By letter of 28 September 2007, the complainant reiterates his previous allegations. He recalls that he requested the Belarus Embassies in Switzerland and Ukraine to renounce Belarus nationality. These requests place him at additional personal and foreseeable risk of danger in case of his return to Belarus. 5.2 He further explains that his first asylum interview in Switzerland was very summary. During his second interview, he wanted to develop his explanations, but he felt unable to describe the circumstances of his detention in Belarus, as he was ashamed by the presence of young women, and was afraid that the facts would become known to other asylum seekers. In this context, he provides details on his alleged assault in Belarus: after an interrogation, on an unspecified date, he returned very tired to his cell where there were only three of his cellmates. He felt asleep, and woke up because someone was kicking him; he received kicks on the head and lost consciousness. When he came to, one of his cellmates was « humiliating » him. As the author protested, he was kicked further and lost consciousness again. Once he came to, he was lying on the ground. He had blood on his face and pain on his backside. He assumed that the “worst has happened”. 5.3 The complainant contends that he explained to Swiss authorities that in Belarus, he had been arrested on several occasions and brought to the police. After a few hours or days, he had been brought before a court and sentenced to fines. 5.4 The complainant challenges the way the State party assesses the existing evidence in support of his allegations. He reiterates that in case of his forced return to Belarus or Ukraine, his rights under article 3 of the Convention would be breached. State party’s further observations and complainant’s comments thereon 6.1 On 8 November 2007, the State party presented further comments and reiterated its previous conclusions. It admits that the complainant has effectively submitted a request to be freed from his nationality, but that from the reply of the Belarusian Embassies in Switzerland and Ukraine, however, it appears that his nationality cannot be waived if he did not obtain another nationality (or if no sufficient guarantees to receive another nationality exist).