CAT/C/37/D/279/2005** Page 5 found that no new circumstances had emerged and that there was no medical obstacle to enforcing the expulsion order. In addition, concerning the second named complainant, it found that he had not developed such ties to Sweden that he should be granted a residence permit. 4.5 On the merits, the State party endorses the finding of both the Migration Board and the Aliens Appeal Board that the first named complainant was vague in her statement regarding her involvement in the PDR-Ubuyanja party. She did not provide details about the party, with the exception of the name of the party leader, former President Pasteur Bizimungu, and that of the secretary general, former Minister Charles Ntakirutina. She did not give a detailed account of the activities and programme of the party but merely stated that the party wished to “rebuild the country and give everyone their rights”. In addition, she amended the information she gave with respect to when she became a member of the party during the proceedings. Initially, she claimed to have become a member in May 2002, after attending a meeting. However, after her first application was turned down by the Migration Board, she amended the statement and claimed to have become a member at an earlier stage, in February or March 2002. The State party notes would like to point to the fact that the amended statement is inconsistent with the statement before the Migration Board that she attended a party meeting in April 2002 to become a member. 4.6 The State party highlights the fact that, although there are several international reports, regarding the arrest of PDR-Ubuyanja members, there are no such reports to support the claim that the first named complainant and her brother were arrested and detained. The State party also notes that, according to international reports, many of the individuals who were arrested due to their alleged involvement in the party have been released. Only a small number of people have been sentenced to imprisonment by criminal courts because of their involvement in the party. 4.7 As to the document invoked as evidence by the complainant drawn up by Pelicicn Dufitumukiza, a former representative of LIPRODHOR3, the State party notes that there is a factual inconsistency in this document if compared to what the complainants have stated both in the national proceedings and before the Committee. Mr Dufitumukiza refers to a LIPRODHOR journal from July 2001, according to which from that day there is no member of the C. T. family still alive. However, the complainants claim that the first named complainant and her brother were arrested in the spring of 2002, i.e. almost a year after the date of the journal in which LIPRODHOR claims to have found information regarding her case. It is not clear from the document who informed LIPRODHOR about the abduction of the first complainant and her brother. 4.8 As to the claim relating to the Gacaca tribunals, the State party submits that, while the system has been the subject of criticism from a human rights perspective, the international community at large, including the European Union, has given it its support. Regarding the allegation that the first named complainant is in fear of facing trial before the Gacaca tribunals for participation in the genocide in 1994, the State party draws the Committee's attention to the fact that this allegation was made for the first time in the so called new application filed before the Aliens Appeals Board on 23 September 2005, and then only by reference to an attached letter from a M. U. to the first complainant. The complainants have not provided any details regarding this allegation either before the national authorities or 3 The State party acknowledges that this is Rwanda's largest human rights organization.

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