CAT/C/54/D/476/2011 the Federal Office for Migration, the copy of the military arrest warrant for absence without official leave (AWOL) provided by the complainant could easily have been falsified and the other items of evidence provided, such as the photographs of the complainant in military uniform and the press articles about the attempted coup, are not sufficient to substantiate his claims. Accordingly, on 4 September 2007, the Federal Office for Migration rejected the complainant ’s asylum application and asked him to leave Switzerland. 2.6 On 1 October 2007, the complainant lodged an appeal with the Federal Administrative Court on the grounds that his interviews had been conducted in Wolof, which is not his mother tongue, and that this was the reason for the contradictions identified by the Federal Office for Migration. He also clarified that he had remained at the presidential palace on the evening of the attempted coup not of his own volition; there had been a general restriction on movement that had prevented him from leaving. Furthermore, there was no risk involved in his visit to the immigration office to obtain a new identity card because he went in civilian attire and the immigration office has no connection with the army or the National Intelligence Agency. According to the complainant, the report issued by the police laboratory indicated that, in the absence of reference materials that could be used for purposes of comparison, it was not possible to demonstrate officially that the documents were falsified. Furthermore, the complainant provided explanations for the alterations to the two documents that the laboratory had identified. Specifically, he explained that he had had to reattach the photograph to his identity card as it had become unstuck and that he had cut the corners of his military identification card to trim it to the size of his wallet. He maintains that the documents that he submitted are authentic although they are in very poor condition. According to the complainant, before passing judgement on their validity, the Swiss authorities should have attempted to check their authenticity with their Ambassador in Senegal. 7 He notes that, in order to confirm his identity in the meantime, he provided a birth certificate which had been sent to him by his brother. The information he gave about the attempted coup in March 2006 and the organization of the Gambian National Army demonstrate both that he was involved in the coup and that he was a member of the army. He adds that, even without this information being taken into account, the fact that he deserted from the army would in itself be sufficient grounds for him to be tried for treason if he were to return to the Gambia. He notes that the Federal Office for Migration did not take this last point, and its possible consequences for the complainant, into account. 2.7 On 21 June 2011, the Federal Administrative Court issued a judgement ruling that the Federal Office for Migration, in its decision of 4 September 2007, had correctly evaluated the facts and the documents submitted by the complainant and that it had correctly concluded that the complainant had failed to substantiate the claims made in relation with his asylum application. The Court noted that the complainant ’s request that the Swiss authorities should make further attempts to verify his identity were not reasonable in the context of asylum proceedings. The Court therefore ruled that there was no evidence that the complainant would be in danger of being subjected to torture if he were returned to the Gambia and that the general human rights situation in the Gambia was not such as to prevent his deportation. It therefore asked the complainant to leave Switzerland before 27 July 2011. 2.8 On 12 July 2011, the complainant sent an e-mail to the African Commission on Human and Peoples’ Rights, which has its headquarters in Banjul, the capital of the Gambia, in which he asked the Commission to confirm his identity, his military status and the circumstances of his flight. On 20 July 2011, in a document apparently drawn __________________ 7 4/8 Switzerland does not have diplomatic representation in the Gambia and diplomatic and consular relations in this country are handled by its diplomatic representatives in Senegal. GE.15-11116

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