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.