CAT/C/20/D/61/1996
page 8
9.1
In a further letter, counsel for the authors states that he had filed a
new application with the Aliens Appeals Board, on the basis of the uncertain
new political situation in the former Zaire, 3 and that on 18 June 1997, the
Board stopped the execution of the decision to expel the authors.
9.2
By note of 2 February 1998, the State party informed the Committee that
the Aliens Appeals Board, on 22 January 1998, rejected the authors' new
application. The Board concluded that neither the situation in the Democratic
Republic of the Congo, nor the personal situation of the authors entailed any
risk of persecution, torture or inhuman or degrading treatment if they were to
return. In respect of the political situation in the former Zaire, after the
overthrow of the Government of President Mobutu in spring 1997, the Board
considered that there existed no general impediments to enforcing decisions of
expulsion to the Democratic Republic of the Congo. Moreover, the Board noted
that the PRP, the party to which the authors claim to belong, is part of the
Alliance of Democratic Forces for the Liberation of Congo-Zaire, led by
Mr. Kabila, the new head of State of the Democratic Republic of the Congo.
For this reason, the Board found that no personal impediments existed to the
enforcement of the decision of expulsion in the authors' case. The State
party states that it shares the Board's view.
9.3
By letter of 22 April 1998, counsel for the authors admits that the
party to which the authors belong is the party to which the present head of
State Kabila, belongs. He argues however that the situation has changed since
the authors left their country, and that the authors do not agree with the
dictatorship imposed by President Kabila. In this context, he notes that the
authors participated in a demonstration in front of the American, English and
French embassies to protest against the arrest of Mr. Thsisekedi, the leader
of the UDPS. The authors are convinced that the Government of the Democratic
Republic of the Congo are aware of their presence at the demonstration and
that they will risk torture if they were to return. In this context, they
also submit that their father was an active supporter of ex-president Mobuto
and that they speak Lingala, a language associated with President Mobutu
supporters. Further, they claim to risk ill treatment because they are not in
the possession of identification documents.
Issues and proceedings before the Committee
10.
Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention. The Committee has ascertained, as it is
required to do under article 22, paragraph 5 (a), of the Convention, that the
same matter has not been and is not being examined under another procedure of
international investigation or settlement. The Committee finds that no
further obstacles to the admissibility of the communication exist and proceeds
with the consideration of the merits of the communication.
11.1 The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that the authors would be in
danger of being subject to torture upon return to the Democratic Republic of
the Congo. In reaching this decision, the Committee must take into account
all relevant considerations, pursuant to paragraph 2 of article 3, including
the existence of a consistent pattern of gross, flagrant or mass violations of