CAT/C/64/D/727/2016

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
10 September 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 727/2016*, **
Submitted by:

A.B. (represented by counsel, Hana Frankova)

Alleged victim:

The complainant

State party:

Germany

Date of complaint:

5 February 2016 (initial submission)

Date of present decision:

9 August 2018

Subject matter:

Deportation to Belarus

Substantive issue:

Risk of torture upon return to country of origin
(non-refoulement)

Procedural issue:

Level of substantiation of claims

Article of the Convention:

3

1.1
The complainant is A.B., a national of Belarus born in 1979. His asylum application
was rejected in Germany and he risks extradition due to ongoing criminal proceedings
against him in Belarus. He claims that his extradition to Belarus would constitute a
violation by Germany of article 3 of the Convention. He is represented by counsel.
Germany made the declaration under article 22 of the Convention on 19 October 2001.
1.2
On 10 February, pursuant to rule 114 of its rules of procedure, the Committee, acting
through its Rapporteur on new complaints and interim measures, requested the State party
not to expel the author while the complaint was being considered.1
Factual background
2.1
The complainant claims that he was detained by the Belarusian police for
transporting flyers with political content 2 for 45 days and that his car was confiscated.3 He
claims that he was severely beaten4 and mistreated by the police officers when he was in

* Adopted by the Committee at its sixty-fourth session (23 July–10 August 2018).
** The following members of the Committee participated in the examination of the communication:
Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu,
Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
1 On 15 March 2016, the Committee, acting through its Rapporteur on new complaints and interim
measures, denied the request of the State party to lift the interim measures.
2 In support of the presidential candidate Mr. Alexander Milinkevich.
3 No supporting documents were provided in relation to his depravation of liberty.
4 No claim of “severe beating” was made in the case brought by the complainant before the European
Court of Human Rights.

GE.18-14939(E)

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