CAT/C/55/D/530/2012
4.8
The State party submits that, while it does not underestimate the concerns that may
legitimately be expressed with regard to the current human rights situation in Belarus, in
particular regarding political opponents, these are not, in themselves, sufficient to establish
that the expulsion of the complainants would entail a violation of article 3 of the
Convention. Therefore, the State party contends that the removal of the complainants to
Belarus would only entail a breach of the Convention if they could show that they would be
personally at risk of being subjected to treatment contrary to article 3. However, in the
present case, the complainants have failed to substantiate their claims that they would run
such a risk.
4.9
The State party adds that several provisions in the Swedish Aliens Act reflect the
same principles as those laid down in article 3 of the Convention. Thus, the Swedish
migration authorities apply the same kind of test when considering an application for
asylum under the Aliens Act as the one applied by the Committee when examining
subsequent complaints under the Convention. The fact that such a test has been applied in
the present case is indicated by the reference of the Swedish authorities in their decisions
relating to the present case to sections 1, 2 and 2 (a) of chapter 4 of the Aliens Act.
Furthermore, regarding the complainants’ requests for re-examination of their applications
for residence permits, according to sections 1-3 of chapter 12 of the Aliens Act, which have
been considered, the expulsion may never be enforced to a country where there are
reasonable grounds to assume that the alien would be in danger of being subjected, inter
alia, to torture or other inhuman or degrading treatment or punishment or to a country
where the alien is not protected from being sent on to a country in which the alien would be
at such risk.
4.10 The State party adds that its national authorities are in a very good position to assess
the information submitted by an asylum seekers and to appraise the credibility of their
claims. In the present case, the Migration Board and the Migration Court undertook
thorough examination of the complainants’ case. When they applied for asylum, the
Migration Board conducted individual interviews with both of them. The interviews lasted
almost five hours for the first complainant and almost two hours for the second
complainant. The purpose of these interviews was to give the complainants an opportunity
to explain the reasons for their need for protection and explain all the facts relevant to the
Migration Board’s assessment. Both interviews were conducted in the presence of an
interpreter, whom the complainants confirmed that they understood well. Furthermore, the
complainants have argued their case in writing before the Migration Board and the
migration courts. Throughout the proceedings regarding the complainants’ initial asylum
request, they were represented by a public counsel. Since the decision ordering the
expulsion of the complainants gained legal force, the Migration Board has on four
occasions reviewed new circumstances invoked by the complainants. On one of these
occasions, the decision of the Migration Board was appealed, but was not overturned by the
Migration Court. Against this background, the State party holds that it must be considered
that the Migration Board and the migration courts had sufficient information, together with
the facts and documentation in the case, to ensure that they had a solid basis for making a
well-informed, transparent and reasonable risk assessment of the complainants’ need for
protection in Sweden.
4.11 In this connection, the State party recalls the Committee’s general comment No. 1
(1997) on the implementation of article 3 of the Convention, as well as its jurisprudence,
where it is stated that the Committee is not an appellate, quasi-judicial or an administrative
10
s-rapporter-om-manskliga-rattigheter/europa-och-centralasien?c=Vitryssland.
Available from
www.state.gov/j/drl/rls/hrrpt/2012humanrightsreport/index.htm?year=2012&dlid=204263#wrapper.
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