CAT/C/65/D/841/2017
assessment of the information available to it in accordance with article 22 (4) of the
Convention, taking into account all the circumstances relevant to each case (ibid., para. 50).
7.5
In the present case, the Committee takes note of the complainant’s argument that,
were he expelled to the Democratic Republic of the Congo, he would be considered a
traitor for deserting the National Intelligence Agency and, as such, would face the death
penalty and/or inhuman and degrading treatment. It also notes that the complainant
proclaims to be a member of the Armée de résistance populaire and one of its closest
members to Major General Munene.
7.6
The Committee notes that the Swiss authorities did not call into question the
complainant’s history with the Agency but did point out that he did not perform sensitive
functions there. The Committee also notes the State party’s assessment that: the
complainant was not subjected to torture or ill-treatment in his country of origin; he was
never politically active in that country and his political activity in Switzerland did not point
to his occupying a decision-making position in the Armée de résistance populaire likely to
be of concern to the authorities of the Democratic Republic of the Congo; and he failed to
demonstrate that the Congolese authorities are aware of his membership in the Armée. The
Committee further notes that the complainant failed to demonstrate close ties with Major
General Munene other than through his counsel, who is reportedly a relative of the Major
General. The Committee observes that, although the complainant has made a number of
allegations, he did not clearly or sufficiently establish that he faced a personal, present,
foreseeable and real risk of torture if expelled to the Democratic Republic of the Congo.
7.7
The Committee recalls that it must ascertain whether the complainant currently runs
a risk of being subjected to torture if expelled to the Democratic Republic of the Congo.
The Committee notes that the complainant had ample opportunity to provide supporting
evidence and more details about his claims, at the domestic level, to the State Secretariat for
Migration and the Federal Administrative Court, but that the evidence provided did not
allow the national authorities to conclude that his alleged desertion from the National
Intelligence Agency or his participation in political activities in Switzerland could place
him at risk of being subjected to torture or inhuman or degrading treatment upon his return.
Furthermore, the Committee recalls that the existence of human rights violations in the
complainant’s country of origin is not, in itself, sufficient for it to conclude that a
complainant runs a personal risk of being tortured. On the basis of the information before it,
the Committee finds that the complainant has not proven that his political activities are
important enough to attract the interest of the authorities of his country of origin or that he
is considered a traitor for leaving the Agency and concludes that the information provided
does not demonstrate that he would be personally at risk of torture or inhuman or degrading
treatment if he were to return to the Democratic Republic of the Congo.
7.8. In the light of the above, the Committee considers that the information submitted by
the complainant is insufficient to substantiate his claim that he would face a personal,
foreseeable and real risk of torture if he were expelled to the Democratic Republic of the
Congo.
8.
The Committee, acting under article 22 (7) of the Convention, concludes that the
expulsion of the complainant to the Democratic Republic of the Congo would not constitute
a breach of article 3 of the Convention by the State party.
GE.19-01119
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