CAT/C/65/D/841/2017
worked for the National Intelligence Agency from 2001 onward, without ever encountering
any problems with the authorities.
4.7
Concerning the complainant’s political activity in his country of origin, the State
party notes that, according to his statements, the complainant was never politically active in
the Democratic Republic of the Congo nor did he engage in any anti-government activities.
It should be noted that the complainant’s functions in the National Intelligence Agency
were not of a sensitive nature.
4.8
As for the complainant’s political activity in Switzerland, the State party points out
that, according to his statements, the Armée de résistance populaire that he joined at the end
of 2015 has some 20 members in Switzerland who meet at a bar in Lausanne or at the home
of the head of the Armée’s Switzerland chapter. The complainant has not demonstrated that
the authorities of the Democratic Republic of the Congo are aware that he joined the Armée
after leaving the country. Moreover, his political activity in Switzerland, which can only be
described as marginal and with minimal exposure, does not indicate that he currently holds
a decision-making position within the movement that is likely to be of concern to the
authorities of the Democratic Republic of the Congo.
4.9
Regarding the letter signed by Major General Munene, the complainant has stated
that he took no steps to obtain it. He merely informed his counsel for the domestic
proceedings, who is the Major General’s nephew and a member of the Armée in
Switzerland, that he was in danger. The counsel reportedly replied that he would telephone
the Major General to inform him. The Major General’s letter arrived at the counsel’s home,
as indicated in the record of the hearing of 27 April 2017. As noted by the Federal
Administrative Court, the letter and the circumstances of its drafting show that it was
provided as an accommodation, at the request of the complainant’s counsel and for the sole
purpose of the asylum proceedings in Switzerland and had, therefore, no evidentiary value.
Moreover, the complainant did not demonstrate close ties with Major General Munene
other than through his counsel, who is a relative of the Major General. Therefore, given the
limited scope of the complainant’s political activity in Switzerland, there are no substantial
grounds to believe that he is at risk of being subjected to torture if expelled to the
Democratic Republic of the Congo.
4.10 With regard to the complainant’s credibility and the consistency of the facts, the
decisions of the national asylum authorities show that the complainant’s statements do not
in any way indicate that there are substantial grounds to believe that he would be exposed
to torture if expelled to the Democratic Republic of the Congo. The complainant once again
submitted to the Committee that he was a deserter from the National Intelligence Agency
and, as such, would be considered a traitor. This argument does not call into question the
decisions of the national authorities as the State Secretariat for Migration did not cast doubt
on his history with the Agency. However, the national authorities found that the
complainant’s statements did not indicate that he had been exposed, after leaving the
Democratic Republic of the Congo, to any persecution that would have a bearing on the
decision. The Federal Administrative Court agreed with the findings of the State Secretariat,
ruling that the claims, all of a general nature, according to which deserters from the Agency
were considered traitors and were liable to the death penalty if they returned to the
Democratic Republic of the Congo, did not render it likely, in this case, that the
complainant ran a tangible risk of persecution. Thus, the argument raised by the
complainant regarding his history with the Agency does not call into question the decisions
of the national authorities.
4.11 Concerning the authorities’ alleged visit to the complainant’s home following his
departure from the Democratic Republic of the Congo, it should be noted that the visit,
inasmuch as it can be considered likely to have happened in the absence of any tangible
evidence that it did, did not have any consequences. Furthermore, when he was asked
multiple times at the hearing of 27 April 2017 to describe the consequences of his failure to
respect his exit permit, the complainant did not spontaneously mention the visit of the
authorities to his former home. He did not provide any convincing explanations for this
omission. Caution should, therefore, be exercised with regard to the credibility of these
statements.
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GE.19-01119