CAT/C/46/D/369/2008 grounds to fear that the complainant would be at real and personal risk of torture in the event of his return to the Congo. Complainant’s comments on the State party’s submission 5.1 On 21 August 2009, the complainant made his comments on the State party’s observations. He rejects the State party’s observation that the Congo is not in a generalized situation of violence and war and asserts that there are mass human rights violations. He emphasizes that the amnesty agreements of 2003 concerned only former opponents of the current regime who had changed position; the UPADS members who had been able to meet unhindered and participate in the elections were corrupt and did not belong to the real UPADS, which advocated democracy and justice. To illustrate the acts of torture and illtreatment against journalists, human rights defenders and certain members of political parties in exile and those close to them, he cites the example of the journalist B.O. and the recent statement by the president of CERDEC decrying the re-election of Sassou-Nguesso and asserting that Sassou-Nguesso follows Stalinist and dictatorial practices. 5.2 On the subject of personal, substantial and serious risk, he repeats that his efforts to establish the rule of law and democracy are known to the Congolese authorities and have made him an enemy of the Government. He emphasizes that the risks of torture are serious because of his political activity before and after his arrival in Switzerland and because of his relationship to the president of CERDEC Russia-CIS branch, G.D.B.4 The complainant confirms that he did not claim to have been tortured prior to his departure but fears persecution upon return. 5.3 On 10 April 2009, the complainant established CERDEC in Switzerland. Moreover, he continues his activities through JE-PEU, which has legal personality in Switzerland. He maintains that his political activities are known to the Congolese authorities, represented in Switzerland by the embassy and by secret agents among the Congolese population in Switzerland. 5.4 With regard to the factual contradictions mentioned by the State party, the complainant clarifies that the words president or coordinator of an association are often used interchangeably, and that that does not detract from the credibility of his political activities in the Congo. With regard to the statement about his political activism, he emphasizes that it could do no more than prove his membership and commitment as a member of the political party. 5.5 With regard to the European Court of Human Rights decision of 28 June 2008 (see paragraph 4.3), the complainant states that the person concerned was a former employee and ardent supporter of the former President Lissouba, whereas the complainant had been politically active within UPADS and, abroad, in CERDEC and JE-PEU. 5.6 Moreover, the complainant contends that his return to Côte d’Ivoire would place him in danger in view of his continuing activities in JE-PEU in Switzerland. Additional comments by the complainant 6. On 5 December 2009, the complainant, through his new counsel Alfred Ngoyi wa Mwanza,5 asked the Committee to suspend consideration of his communication in order to 4 5 6 A letter from his brother explains that they are born of the same father and mother and that brothers are not required to have the same name. He offers to undergo a blood test in order to establish that he is the complainant’s brother. A power of attorney was attached to the letter of 5 December 2009. GE.11-43871