CAT/C/57/D/558/2013
been doing for years. He feared that he would be forced to spy on different resistance
groups, forced to commit terrorist acts and eventually killed.
7.3
The second complainant submitted that she had converted to Islam after marrying
and that in Belarus there was hostility against the various Muslim communities living there.
She feared that she would face racism if she was deported, that she would be left alone in
Belarus with her five children and that she might be accused of treason for helping her
husband escape from the authorities in 2005. She feared that would go to jail while her
husband would be deported to the Russian Federation. She submitted that in Belarus,
persons who had been in jail could not reintegrate in society after their release. She would
not be able to get a job or lead a normal life, like other citizens. She would not have any
support, since her own mother had never accepted her marriage and in the past had called
the police several times accusing the first complainant of espionage.
7.4
With regard to the situation of the complainant’s children, four of whom were born
in Switzerland, none of them are familiar with the situation in Belarus or Chechen society.
They are well integrated in the Swiss education system. In Belarus, they would face racism
because of their Chechen last name. They would be separated from their parents and sent to
an orphanage. In addition, the complainants’ eldest child has psychological problems and
has to continue his treatment in Switzerland.6
7.5
The first complainant clarified that in 1999, he had been arrested two weeks after the
death of his brother and that he had indicated that fact in both interviews with the migration
authorities. He contested the State party’s submission that he had not provided details about
the detention conditions in Chechnya and maintained that he had answered questions in that
regard during the interview in March 2006. He submitted that he could not forget the
conditions in the school dormitory building where he was detained in 1999. The police had
shown him several other prisoners, some of whom had had their feet placed in water and
then been electrocuted, others had been subjected to electric shocks to different parts of
their bodies, including their “private parts”, and others had had their nails removed.
7.6
The first complainant submitted that the State party had refused to consider that his
state of health had deteriorated over the previous nine years as a result of the torture to
which he had been subjected in the Russian Federation and Belarus. He failed to understand
why the State party had rejected his medical certificates and presented medical certificates
for the Committee’s consideration.7 The complainants reiterated that they had attempted to
present as many documents as possible to support their claims and that they had submitted
to the authorities medical certificates from Belarus and Switzerland, testimonials from
individuals from Brest who had witnessed the persecution to which the first complainant
had been subjected, the summonses from the police, and a letter from the first
complainant’s mother.
7.7
With regard to the State party’s contention that the summonses from the Belarusian
police convoked the first complainant to appear as a witness only, the first complainant
submitted that, as he had not been in Brest for nine years and could not have witnessed
anything, he had presumed that the purpose of the summonses was to detain him, torture
him and send him to Chechnya where he was wanted. He maintained that if he had been
6
7
The complainants presented a letter from the Medical-Educational Office of the Department of
Education of the canton of Geneva attesting to the fragile state of the complainant’s son and a letter
from a speech therapist attesting that the boy needs further treatment.
The complainant presented certificates from the Geneva University Hospitals, one dated 8 May 2013
diagnosing him with post-traumatic stress disorder and depression, and one dated 26 August 2013
certifying that he was receiving treatment for orthopaedic problems.
7