CAT/C/37/D/279/2005** Page 7 document in Danish entitled “PDK……Parti Democratique pour Ie Renouveau-Ubuyanja (PDR-Ubuyanja) Udlaendingestyrelsen”, dated 19 June 2003, which provided background information on this party, was available to the Migration Board. According to this document, the PDR-Ubuyanja party never developed into a fully fledged party: No party programme was ever published, no membership cards issued and no formal membership list established. Interest in supporting the party was shown by attending the few private meetings that were organised. In April 2002, the first named complainant attended a meeting in Kigali with her brother, where they met and were recruited by Mr. Ntakirutinka. The DMI would have known that the first named complainant’s brother was Mr. Ntakirutinka’s employee, and would, on that basis alone, have singled out both brother and sister for arrest. The same document also stated that persons who were related to members or were suspected to be members themselves would have difficulties in Rwanda, as they might be aware of PDRUbuyanja documents of interest to the authorities. 5.3 According to the complainants, the Swedish authorities paid little attention to the position of the UNHCR outlined in its paper of January 2004, published after the elections of 2003. It stated that early in 2004, almost two years after the arrest of Pastor Bizimungu and Mr. Ntakirutinka, those associated with the PDR-Ubuyanja party were at greatest risk inside the country . On the issue of victims of rape, the complainants quote from the paper arguing that, “The crime of rape itself and the manner in which it was committed qualify as a serious form of torture and may warrant continued international protection……….The victims should favourably be considered for the granting of refugee status on the ground that their refusal to return to Rwanda is due to compelling reasons arising from previous persecution……” 5.4 The first named complainant provides an account of what happened to her while in detention and a letter from a woman, who allegedly was detained at the same time, and corroborates her claim that she was tortured during her detention. Since then, this woman has received refugee status in France. According to the complainants, this evidence was not presented during the domestic proceedings, as upon receipt the first named complainant’s “case had been finally rejected and there was talk of an amnesty for families with children so she set her hopes on that”. 5.5 As to the State party’s argument that the statement from M. U. was undated and unsigned, the complainants explain that only the English translation was handed in to the Swedish authorities and attach for the Committee’s attention the original handwritten letter signed by M. U. and M. U. was the first named complainant’s neighbour in Kigali. When the complainant feared that she would be sent back to Rwanda, she contacted M. U. and M. U. expressed concern about her safety should she be expelled to Rwanda because M. U. had heard that her name had been mentioned in the Gacaca procedure as one of the suspects involved in the massacre of Tutsis at the CHK hospital in Kigali in April 1994. Afterwards, M. U. wrote his letter, which is signed in the original. On 13 August 2006, C.T. telephoned M. U., as a result of which M. U. sent an e-mail to explain why it was not possible to obtain a document with the first named complainant’s name on it as one of the suspects. M. U. wrote that the list is confidential and has not been published for fear that suspects will abscond. M. U. has not responded to a further request for information, to provide the name of the person that heard that the complainant was a suspect, the date this occurred etc. 5.6 As to the State party’s argument that the first named complainant only raised the fact that she was accused before the Gacaca court at a late stage, the complainants argue that this

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