CAT/C/57/D/558/2013
persecuted in the Russian Federation was not credible. As the Federal Office for Migration
had done previously, it considered that the information provided by the first complainant
regarding the date of his arrest in Chechnya was contradictory, and furthermore he was
unable to provide any details regarding the conditions of detention. Moreover, the
allegations concerned events that had taken place in 1999. There was no link between the
ill-treatment the complainant was alleging he had endured and his departure to Belarus. In
addition, in the meantime important changes had taken place in Chechnya, which should
have eliminated the complainant’s fear that he was wanted by the Russian authorities.
Besides, the first complainant was not a fighter or someone who had connections to the
Maskhadov or Umarov regimes. The Tribunal noted that during the two personal
interviews, the complainant had not mentioned the ill-treatment he alleged to have suffered
after arriving in Belarus; he raised those allegations for the first time in his appeal before
the Tribunal, without providing any explanation for not having mentioned them before. In
addition, the Tribunal considered that the documents supplied by the complainant did not
have any evidentiary value, since they concerned situations other than his. 5 In particular, the
Tribunal ruled that the medical certificates issued in Brest did not demonstrate that the
complainant had been injured in the circumstances he described. It therefore rejected the
claim that the complainant would be at a personal risk of being targeted by the Belarusian
authorities if he were returned to that country.
4.4
On 19 November 2010, the complainants requested a re-examination of their case
based on the state of health of their eldest son and that of the first complainant himself.
They also alleged that the first complainant had been summoned on two occasions by the
Belarusian police, on 15 January and 27 September 2010. In its decision of 17 December
2010, the Federal Office for Migration noted that it appeared from the documents submitted
that the complainant had been summoned as a witness. Nothing in the documents indicated
that he was sought or persecuted by the competent authorities. Taking into consideration
the conclusions of the first asylum procedure, the documents failed to provide evidence
that, if deported, the complainant would be exposed to a real risk of treatment prohibited
under article 3 of the Convention. Since the complainants had failed to pay the required fee
in advance, the Tribunal did not enter into the subject matter of their appeal.
4.5
On 1 April 2011, the complainants filed a second request for re-examination,
invoking mainly the deterioration of the state of health of the first complainant and
reiterating, without providing further evidence, the allegations of ill-treatment experienced
in Belarus. In its decision of 15 April 2011, the Federal Office for Migration maintained
that the complainants’ allegations regarding the risk of persecution in Belarus had already
been subject to careful examination during a previous examination of their asylum claims
and that there was a health-care system in Belarus that could ensure he received medical
treatment. The second request was rejected by a decision of the Federal Administrative
Tribunal of 3 July 2013, which stated that the complainants had not presented any new
elements to substantiate their fears and that the first complainant’s state of health had not
changed significantly since the first asylum procedure.
4.6
The State party noted the requirements of article 3 of the Convention, made
reference to the Committee’s general comment No. 1 (1997) on the implementation of
article 3 of the Convention in the context of article 22, and submitted that it would analyse
the case in the light of those elements. The State party submitted that, while the human
rights situation in Belarus was certainly worrying, it did not constitute sufficient grounds to
5
4
The complainants had submitted medical certificates from Belarus and Switzerland regarding the first
complainant’s state of health, testimonials from individuals in Brest who had witnessed the police
seeking the first complainant and harassing him, summonses dated 15 January 2010 from the
Belarusian police and a letter dated 27 September 2010 from the first complainant’s mother.