CAT/C/64/D/641/2014
probative value. For example, the summons does not indicate what act or crime the
complainant is suspected of. The complainant has not explained why he did not submit the
said summons until after the decision of expulsion was final, i.e. after the decision of the
Migration Court of Appeal. The summons was dated 21 August 2012 and the complainant
did not submit it to the Migration Agency until 21 October 2014.
4.11 The State party submits that, in the present context, it is also of relevance to the
assessment of the complainant’s asylum account that he, despite those claims, was able to
leave Côte d’Ivoire and travel to France 18 and the Russian Federation 19 and voluntarily
returned to Côte d’Ivoire from France, without attracting the attention of the authorities. If,
as the complainant suggests, the Ivorian authorities had an interest in him, which allegedly
would involve a risk that he would be subjected to torture, it is questionable whether the
authorities would have waited approximately four months to issue a summons for an
interrogation, particularly as he was allegedly summoned as a suspect. In the light of that,
the State party submits that the document claimed to be a summons cannot be accorded any
evidentiary value in relation to the complainant’s claim that he risks being subjected to
torture upon return to Côte d’Ivoire. Consequently, the State party is of the view that the
complainant has not made his alleged need of protection probable by the submission of
these documents.
4.12 The State party draws the Committee’s attention to the fact that the complainant’s
national passport, submitted by him to the Swedish Migration Agency, was issued on 30
December 2011 by the Sous-direction de la police de l’air et des frontières (the air and
border police authority) of Côte d’Ivoire. In that regard, the State party finds it remarkable
that the complainant managed to successfully apply for and collect his national passport
during the time he was allegedly in hiding between April and December 2011. Hence, it
holds that this circumstance strongly speaks against the complainant’s alleged urgent threat
from the Ivorian authorities.
4.13 As regards the complainant’s alleged political activities, the State party, like the
Migration Court, notes that the complainant has not been politically engaged at any
particularly high level. Nor has he had any particular standing within the Ivorian Popular
Front that was previously in power in Côte d’Ivoire. In the State party’s view, such
circumstances are also of relevance to the assessment of the potential risks facing the
complainant upon return.
4.14 In addition, the State party notes that there are discrepancies in the complainant’s
asylum account. In the interview before the Migration Agency on 4 May 2012, the
complainant stated that his parents had paid for his release. However, during the asylum
interview of 12 June 2012 and before the Committee, the complainant stated that he had
been released after his wife had paid an amount of money to the militia that had arrested
him. It is the State party’s view that the complainant’s information about who got him
released must be considered an important part of his asylum account and not only a detail.
Furthermore, the different accounts given by the complainant concerning who paid for his
release were given only one month apart. The State party therefore submits that this
discrepancy negatively affects the credibility of the complainant’s asylum account.
4.15 In the light of the foregoing, the State party finds that there are reasons to question
the veracity of the complainant’s account of his alleged need for protection. In that regard,
it notes in particular the complainant’s legal travel to France and the Russian Federation,
where he chose not to apply for asylum, his ability to procure a national passport when he
claims to have been in hiding and the discrepancy concerning who paid for his release.
According to the State party, the documentary evidence and the circumstances invoked do
not show that the alleged risk of torture fulfils the requirements of being foreseeable, real
and personal. Accordingly, under the present circumstances, enforcement of the expulsion
order would not constitute a violation of article 3 of the Convention. Furthermore, since the
State party finds that the complainant’s claim under article 3 fails to attain the basic level of
18
19
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In January and February 2012.
The date of entry into the Russian Federation was 17 April 2012.