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