CAT/C/54/D/476/2011
danger is insufficient grounds to conclude that the person is in danger of being
subjected to torture. 9
4.4 The State party recalls that the purpose of determining whether there is a
consistent pattern of gross, flagrant or mass violations of human rights is to establish
whether the complainant would be personally at risk of being subjected to torture. 10 It
follows that the existence of such a pattern of violations does not in itself constitute a
sufficient basis for concluding that the individual concerned would be in danger of
being subjected to torture upon his return. It is also necessary that the risk is
foreseeable, real and personal 11 and that it is assessed on grounds that go beyond mere
theory or suspicion. 12 In this regard, the State party asserts that the Gambia is not in a
situation of pervasive violence.
4.5 The State party maintains that the complainant never made any claim, either to
the Swiss authorities or to the Committee, of having been tortured or ill -treated in the
past in the Gambia. He simply claims that he is wanted by the Gambian authorities
and that because of the nature of the acts of which he is accused, i.e. his involuntary
involvement in an attempted coup in March 2006, he is in danger of being tortured.
According to the State party, all these considerations have already been thoroughly
analysed by the Swiss authorities. After a scientific analysis, the authorities concluded
that the documents submitted by the complainant were either falsified or of uncerta in
origin and probably forged, 13 and, moreover, it had not been established that the
complainant was wanted in his country of origin for the acts in question.
4.6 The State party notes that the complainant has made no claim of having been
politically active either in his country of origin or in Switzerland.
4.7 According to the State party, the complainant has failed to provide a satisfactory
explanation for the factual inconsistencies and contradictions in his claims that had
been detected by the Swiss authorities, which undermines his credibility. The State
party considers that the complainant has failed to prove that he was involved in the
events in question and that, as noted by the authorities, his alleged conduct during the
events was illogical and ran counter to their general experience. The State party adds
in this regard that the complainant has provided contradictory information about his
involvement in the attempted coup, stating first that he had not himself cut the lines of
communication, then that he had cut the lines under orders, and finally that he had cut
them on the direct order of the then Chief of the Armed Forces, who allegedly assisted
him with the task. 14 Moreover, according to the State party, the complainant is unable
to explain what his job of “signalling” at the presidential palace entailed and is
likewise unable to describe the duties that he was supposed to perform. The State
party concludes that all these considerations raise doubts as to the veracity of the
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9
10
11
12
13
14
6/8
The State party cites communications No. 57/1996, P.Q.L. v. Canada, Views adopted on 17
November 1997, para. 10.5; and No. 221/2002, M.M.K. v. Sweden, Decision adopted on 3 May
2005, para. 8.7.
The State party cites communication No. 94/1997, K.N. v. Switzerland, Views adopted on 19 May
1998, para. 10.2.
The State party cites communications No. 94/1997, K.N. v. Switzerland, para. 10.5, and No.
100/1997, J.U.A. v. Switzerland, paras. 6.3 and 6.5 et seq.
The State party cites general comment No. 1 (1997), in particular, para. 6.
The State party refers to the identity card and military identification card as if they are proven
forgeries. It highlights the uncertain origin of the document supposedly drafted by the African
Commission on Human and Peoples’ Rights and the arrest warrant (AWOL), which are documents
that are easy to falsify and easy to obtain in the Gambia and therefore have no evidentiary value for
the State party.
The complainant has not given an explanation for the contradictions n oticed by the Swiss
authorities during the asylum proceedings.
GE.15-11116