CAT/C/47/D/444/2010 8.6 Finally, on the issue of diplomatic assurances, counsel explains that he Human Rights Committee, in its concluding observations concerning Kazakhstan in July 2011, has specifically warned the State party to exercise utmost care in relying on diplomatic assurances when considering the return of foreign national to countries where they are likely to be subjected to torture or serious human rights violations; the Committee encouraged the State party to monitor the manner such individuals are treated after return and to take appropriate action if the assurances were not respected. In the present case, according to the counsel, no appropriate follow-up mechanism for the monitoring of the situation of the complainants exists in Uzbekistan, and there is no access to the complainants there. Additional information by the State party 9.1 On 13 September 2011, the State party requested, under rule 117, paragraph 4, of the Committee’s rules of procedures, to have the opportunity to have an oral hearing with the Committee in order to provide additional information and answer questions on the merits of the communication. 9.2 On 23 September 2011, the State party submitted additional information. It reiterates that all proceedings concerning the asylum applications of the complainants before the Migration Committee of the Ministry of Labour and Social Policy (since 30 September 2010, the Migration Committee is part of the Ministry of Internal Affairs) were lawful. According to the State party, the authorities’ decision not to grant asylum to the complainants was grounded and lawful. Representatives of UNHCR were also present, and interviewed all applicants. UNHCR’s representatives had access to all documents before the Migration Committee and presented recommendations, which were taken into account by the State party’s authorities. In addition, the Migration Committee was provided with all extradition materials received from the Uzbek authorities. No claims were formulated by the complainants' lawyers during the interviewing process. All stages of the work of the Migration Committee were monitored by a lawyer from the Human Rights Bureau (an NGO), who did not report any violation either. 9.3 All refusals to grant asylum to the complainants were examined and confirmed by a court, including on appeal. The decisions to have the complainants extradited were also verified and confirmed in court, including on appeal. All proceedings were transparent and held in an impartial manner. All complainants were offered the services of lawyers, at all stages of the trial, including representing their interests on appeal. 9.4 The State party emphasizes that the decisions of the Migration Commission were based on the existence of reliable and verified information to the effect that the complainants’ presence in Kazakhstan constitutes a threat for the State party and could also cause irreparable harm to the security of other States. Article F (c) of the 1951 Convention relating to the Status of Refugees provides that the provisions of the Convention shall not apply to any person with respect to whom there are serious reasons for considering that “he has been guilty of acts contrary to the purposes and principles of the United Nations”. Pursuant to article 12 of the Kazakh Law on Refugees, refugee status cannot be granted where there are serious grounds to believe that the interested individuals participate or had participated in the activities of forbidden religious organizations. On this ground, having studied the materials on file, UNHCR has decided to annul the refugee’s certificates previously issues to a number of the complainants. 9.5 The State party further explains that the complainants were not subjected to torture or ill-treatment in the Kazakhstan; all complainants underwent medical examinations at the moment of their placement in detention, but no one complained of torture. The Prosecutor’s Office has conducted a number of verifications, including in the detention centre the complainants were held, and no acts of ill-treatment were revealed. 10