CAT/C/55/D/530/2012
4.16 Furthermore, with regard to the complainants’ allegation that the second
complainant did not have any opportunity to read and verify the minutes from the
Migration Board’s interview with her, which allegedly resulted in the authorities not being
aware of the fact that she was subjected to torture in 2006, the State party maintains the
Migration Board’s view that the second complainant had the opportunity to give an account
of relevant facts and that her claim therefore lacks credibility. The minutes from the
interview show that the complainant had confirmed that she understood the interpreter, and
she also confirmed that she had had the chance to say everything she wanted to say. A
public counsel was present during the entire interview. The State party notes that the
migration authorities have not questioned that the complainant was subjected to abuse in
connection with the demonstration in 2006 and have made their assessments accordingly.
4.17 The complainants also allege that they continued their political activities after the
incidents in 2006 and claim that they frequently received threatening phone calls from the
Belarusian police intended to prevent them from contacting the authorities regarding the
incidents. The State party finds that the accounts of the complainants’ political activities are
vague and general and do not show that there are grounds to conclude that the Belarusian
authorities had any interest in them between 2006 and 2009, when the first and second
complainant first arrived in Sweden together. The complainants have been unable to submit
any evidence supporting the claim. The State party further notes that, in their submission to
the Committee, the complainants’ claim that the second complainant participated in a
number of demonstrations after 2006 without being arrested or otherwise harassed by the
police. In addition, they were able to travel to and from Belarus on several occasions during
the relevant period.
4.18 Moreover, the complainants claim that their political activities in Sweden from 2009
have provoked the Belarusian authorities’ interest in them and therefore they risk being
subjected to torture in case of return. They have claimed that, during their stay in Sweden,
they inter alia submitted an application, in Belarus, for permission to arrange a
demonstration on the day of the Belarusian presidential election on 19 December 2010.
They have also alleged that they submitted complaints to various Belarusian authorities and
disseminated anti-regime propaganda on the Internet. The application regarding the
demonstration was allegedly signed by the first complainant and subsequently delivered to
the Belarusian authorities by his mother and stepfather. The latter two allegedly participated
in the demonstration and were arrested and detained for two months at the beginning the
2011. Criminal charges were brought against the first complainant’s mother and stepfather
for having organized and participated in the event. After their release, the mother and
stepfather allegedly informed the complainants that they also were accused of the same
offences. The complainants have also alleged that the Belarusian authorities searched their
home and made threatening phone calls to them because of their involvement in the
demonstration of 19 December 2010.
4.19 The State party notes that the migration authorities have assessed these claims and
concluded that they lack credibility. The authorities found it remarkable that one would
apply for permission for a demonstration in Belarus from Sweden without any intention of
participating in person. There are no documents or other evidence that the complainants in
fact submitted any applications or complaints, or disseminated information that was critical
of the regime in place on the Internet. Moreover, the migration authorities found it odd that
the Belarusian authorities would have accused them of participating in the demonstration
on 19 December 2010, since the complainants left Belarus legally and the authorities must
have been aware that they were out of the country at the time. The State party maintains the
position of the migration authorities and points out that, in accordance with the principle of
the burden of proof in asylum cases, it is appropriate to require that the applicant provides
relevant information, tells the truth and helps the investigator to clarify all the facts in the
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