CAT/C/55/D/530/2012
registered a private company on 11 December 2008, and a summons to appear in court on
18 July 2011 inviting him to present a receipt or a similar document as proof of payment
(no further details are provided). As far as the State party is aware, the complainants have
not submitted the second document in the proceedings before the Swedish migration
authorities.
4.25 In this regard, the State party notes that the complainants have not submitted any
written documentation in support of their claim that the first complainant has been
prosecuted. The State party contends that the complainants have failed to substantiate the
claim that the first complainant is at risk of being subjected to treatment contrary to article
3 of the Convention owing to his business activities. It also reiterates that they have failed
to substantiate the claim that they are at risk of being subjected to treatment contrary to
article 3 of the Convention owing to their political activities and their latest submission to
the Committee does not alter this assessment.
4.26 In summary, the State party maintains that the present communication should be
declared inadmissible as manifestly unfounded under article 22 (2) of the Convention and
rule 113 (b) of the Committee’s rules of procedure or, in the alternative, that the present
communication reveals no violation of the Convention on the merits.
The complainants’ comments on the State party’s observations on admissibility and
merits
5.1
In reply to the State party’s observations, on 25 July 2013, the complainants firstly
submit that the second complainant is in a position to present new information on her
criminal case in Belarus, notably that she is now able to present material showing that she is
under investigation for a serious weapon offence. The complainants provide a copy of a
statement of the second complainant’s lawyer in Belarus. They further note it has not been
possible to obtain this document earlier as, in the absence of the second complainant from
Belarus, the only possibility for concluding a contract with a lawyer — an absolute
requirement according to the Belarusian procedural law for the lawyer to be able to
represent officially the client — would be through a third person. No one was willing to
undertake this assignment and conclude a contract with a lawyer. Furthermore, the second
complainant feared that her son who lives in Minsk could be persecuted if a lawyer was
engaged to inquire into her case. On the basis of these circumstances and evidence, the
complainants have made a new submission to the Migration Board. The second
complainant maintains that the communication is admissible as the complainants’
assertions do achieve the minimum level of substantiation required for purposes of
admissibility. Furthermore, the new material submitted confirms that she is still of interest
for the Belarusian authorities and personally at risk of being subjected to torture if returned
to Belarus. The letter from her lawyer in Belarus shows that she is facing long-term
imprisonment in Belarus. There are substantial grounds to believe that she is also in danger
of being subjected to torture, notably because she is charged for a crime she has never
committed; her criminal case is politically motivated and she has been subjected to torture
in the past.
5.2
As concerns the merits of the communication, the second complainant maintains her
claim that she was subjected to torture by Belarusian police officers in 2006, which is
confirmed by a medical report submitted to the Committee. The second complainant alleges
that, during her interview with the Migration Board, she made a clear statement to this
effect, yet it was omitted in the minutes taken by the Migration Board officer. Instead of
torture, in the minutes it was recorded that she was subjected to abuse. Therefore, the
second complainant argues that the fact that she was tortured was not taken into account by
the Migration Board. She notes that the Committee should evaluate the fact that she was not
only abused but tortured, and that her claim of torture does not lack credibility, contrary to
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