CAT/C/55/D/530/2012
case.14 The State party contends that it is only when this has been done that the applicants
seeking asylum should be granted the benefit of doubt.
4.20 In this connection, the State party refers to information contained in the reports
regarding the demonstrations of 19 December 2010 (see para. 4.7 above) and notably to
information about the response from the Belarusian authorities to the demonstration during
the election found in a Human Rights Watch report “Belarus survey shows massive abuse
of protesters”.15 In the light of this information, the complainants’ allegation that they
would be of interest to the authorities because they applied for permission for the
demonstration lacks credibility. The State party notes that it appears that the demonstration
in question started peacefully and the authorities only intervened when the election results
had been announced and riots had broken out.
4.21 As regards the complainants’ submission concerning the political activity of the first
applicant’s mother and stepfather, the State party notes that the complainants have failed to
submit any evidence regarding the allegations that they were politically active, participated
in the demonstration on 19 December 2010 or were detained by the authorities. The State
party does not question the assertion that the first complainant’s mother and stepfather were
members of the United Civil Party, but maintains that this does not prove that they are
subjected to persecution or ill-treatment by the authorities, especially since the United Civil
Party is a legal party. Moreover, neither the mother and stepfather nor the complainants
themselves are on the list of people arrested, suspected or accused of crimes in relation to
the events on 19 December 2010.16
4.22 Furthermore, the State party shares the migration authorities’ view that the
documents submitted by the complainants have low evidentiary value. The mother and
stepfather’s party membership cards are of a simple nature and party membership does not
in any case prove that they were of interest to the authorities or prove treatment contrary to
the Convention. Moreover, the documents stating that the complainants are summonsed by
the police in Minsk for questioning do not prove that they are accused of any crimes in
relation to the demonstration or owing to their political activities.
4.23 The State party contends that the complainants have failed to provide any documents
or other evidence showing that they are wanted by the Belarusian authorities or the subject
of any legal or administrative proceedings owing to their political activities. They are not
members of any political party and have not shown that the authorities have any interest in
their alleged political activities. The State party thus holds that the complainants have failed
to substantiate the claim that they are at risk of being subjected to treatment contrary to
article 3 of the Convention based on their political activities.
4.24 The State party notes that, in a further submission to the Committee, the
complainants state, inter alia, that the first complainant previously conducted business
activities as an entrepreneur in Belarus, that his company was shut down by the local
authorities and that he has been prosecuted because of tax debts, although he had no
outstanding debts when he left Belarus. The complainants claim that this is an indication
that there is still some risk that the first complainant might be prosecuted, officially because
of his previous economic activities, but in fact because of his political activities. In that
connection, the complainants have submitted a certificate stating that the first complainant
14
15
16
10
See articles 195 and 205 (a) of the Handbook on Procedures and Criteria for Determining Refugee
Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees.
Available from www.hrw.org/print/news/2011/02/09/belarus-survey-shows-massive-abusesprotesters.
See compilation by the Viasna Human Rights Centre, available from
http://spring96.org/en/news/41575.