CAT/C/37/D/262/2005
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6.7 The State party concludes that nothing indicates that there are serious grounds to fear
that the complainant would be seriously and personally exposed to torture upon her return to
Belarus.
Additional comments by the complainant on the State party’s submission
7.1 By letter of 28 July 2005, the complainant responds that although she was not an active
political figure, she supported the political activities of her husband, and that her belonging to
a family where there is opposition to the Government makes her politically active. In
response to the State party’s contention that she has not mentioned the threat of arrest upon
return to Belarus in the initial asylum application, she claims that she had mentioned that risk
in her first interview upon arrival in Switzerland on 14 February 2003, but also at several
other times. She adds that these comments were sent to the Committee in the annexes to her
initial communication.
7.2 The complainant argues that there is a consistent pattern of gross, flagrant or mass
violations of human rights in Belarus and that she is thus afraid of facing persecution upon
her return. She mentions that opponents to the authorities regularly disappear in Minsk and
Vitebsk, and that many people are falsely imprisoned. Regarding the question whether there
is a real and personal risk of being subjected to torture upon her return, she recalls that she
has received on several occasions specific threats to put her in prison and even, to kill her.
She adds that upon her return to Belarus, she would have to go to the police for registration of
her personal documents, which is compulsory. Consequently, members of the police would
learn immediately that she was back. In order to demonstrate that she faces a real risk of illtreatment, she recalls that there have been numerous night visits of members of the police to
her home, searches, interrogations, acts of violence against her which were corroborated by a
medical report and that her political activity consisted in distributing pre-election propaganda
materials.
7.3 With regard to the delay in presenting the medical report to the national authorities of
the State party, the complainant claims that the report was still in Belarus. When her case was
reconsidered, her daughter found the medical report at the complainant’s home in Belarus and
sent it to the complainant by fax on 17 November 2004.
7.4 With regard to the absence of persecution of the complainant’s husband, the
complainant argues that the State party is mistaken, and that, if there were no threats against
her husband, he would have returned to Belarus. Instead, he is now in Belgium.
7.5 On the issue of credibility of her claims, the complainant explains that in her
application for revision dated 11 October 2004, she mentioned only briefly the sexual abuses
she had suffered because she was expecting to be called for a new interview. Concerning the
availability of means of evidence to support her allegations, she recalls that the complaint she
made to the police has been suspended because she had left the country. The documents
concerning her complaint are confidential and she cannot have access to them from
Switzerland.
Issues and proceedings before the Committee
8.1 Before considering any claim contained in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The