CAT/C/64/D/641/2014
substantiation, the communication should be declared inadmissible as being manifestly
unfounded.
Complainant’s comments on the State party’s observations
5.1
On 27 January 2016, the complainant provided his comments on the State party’s
observations. He considers that the State party has failed to demonstrate that his complaint
is manifestly unfounded. On the contrary, the facts on which the present complaint is based
show that he is personally at risk of being subjected to torture if returned to Côte d’Ivoire
owing to his political activities in that country prior to his departure. The fact that the
complainant was able to travel to different countries before he left Côte d’Ivoire for the last
time does not exclude the risk that he is in danger of being tortured on return.
5.2
As to the State party’s assertion that he did not present until a later stage the account
of attempted kidnappings and having been followed (see para. 4.8 above), the complainant
submits that the initial interview at the Migration Agency lacked adequate translation and,
therefore, the legal counsel representing him at that stage of the asylum proceedings had to
correct the minutes of the interview afterwards. The complainant argues that at the
Migration Court, he explicitly provided the details about those specific claims. He submits
that, in his view, the decisions taken on his asylum application by the Migration Agency
and the Migration Court were clearly arbitrary and denied him a fair and correct assessment.
5.3
With regard to the State party’s argument that evidence submitted by the
complainant is of a very simple nature and, therefore, of low value (see para. 4.10 above),
he states that he cannot submit any other material than what he has been able to receive
from Côte d’Ivoire. The complainant adds that he cannot tamper with evidence to make it
more “complicated” and thus satisfactory for the State party’s authorities. As to the fact that
the summons was not submitted to the Migration Agency until a later stage, the
complainant submits that, for a long time, none of his contacts in Côte d’Ivoire was willing
to take the risk of getting the summons for him.
5.4
The complainant recalls that the State party questions his credibility, because he did
not present all his reasons for seeking asylum early enough in the process before the
Migration Agency (see para. 4.5 above). He argues in that regard that he presented all the
information that he himself found relevant to his claim to be accepted as a refugee in
Sweden. He never tried to hide any information from the Migration Agency.
5.5
Regarding the fact that he travelled to France and the Russian Federation and then
returned to Côte d’Ivoire without being arrested (see paras. 4.9 and 4.11 above), the
complainant submits that at that time, the current Ivorian authorities had established the
Dialogue, Truth and Reconciliation Commission aimed at resolving problems in the
country. He recalls that shortly after his return to Côte d’Ivoire, he began to be followed
and avoided two kidnapping attempts. The complainant adds that many of his friends and
colleagues were arrested and are still being held in indefinite detention.20
5.6
As to the fact that he managed to receive a national passport during the time he was
allegedly in hiding (see para. 4.12 above), the complainant states that during the time of his
hiding, which lasted several months, the current Ivorian authorities, who wanted the
opposition to participate in the legislative elections, suspended the arrests of opposition
activists for a short period of time. It was during that period that the complainant was able
to apply for and collect his national passport.
5.7
With regard to the State party’s assertion that the complainant has not been
politically engaged at any particularly high level (see para. 4.13 above), he argues that
Ivorian prisons are full of political prisoners who have never been in high political positions.
The complainant recalls in that context that neither the Migration Agency nor the Migration
Court questioned the fact that he worked for Ms. Gbagbo.
5.8
As to the State party’s argument that there are discrepancies in his asylum account
regarding who paid for his release (see para. 4.15 above), the complainant acknowledges
that there could have been a misunderstanding regarding the circumstances and submits that
20
The complainant does not provide further details on the matter.
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