CCPR/C/128/D/2984/2017 further argued that the author had not provided evidence that he was a refugee in Rwanda, and that the assertions that M23 and Rwandan authorities were after him were based on second-hand information with low probative value, because the grounds for protection cited by the author were largely based on information recounted to him by his father. The author argues that the decision was already taken before the submission of the UNHCR documents and that they were not taken into account. 2.12 The decision was appealed before the Migration Court of Appeal by his lawyer, who requested that the Court consider the documents provided by the UNHCR office in Sweden. On 15 April 2016, the High Court rejected the appeal. 2.13 In his complaint before the Committee, the author submits a copy of his passport, issued on 20 February 2017, from the Democratic Republic of the Congo. 4 He explains that he obtained the passport from the Congolese Embassy after the asylum proceedings had been finalized in the State party. 2.14 On 7 July 2015, the author got a permanent contract of employment in Sweden. He explains that under Swedish law, if an asylum seeker gets a job before getting a rejection of his or her application, the person can apply for a work permit without leaving Sweden. The author therefore applied for such a permit. He argues that even though he complied with all the requirements, his request was rejected on 6 April 2017 because he had not provided the requested additional information. The author explains that he had never received any request for additional information. For this reason, the author appealed that decision. 2.15 On 3 May 2017, the Swedish immigration authorities informed the author that he was going to be deported to Rwanda, while the appeal of the decision of 6 April 2017 was still pending. The complaint 3.1 The author claims that his deportation to Rwanda would put him at risk of death and torture or other cruel, inhuman or degrading treatment or punishment in violation of articles 6 and 7 of the Covenant. He explains that the Swedish authorities intend to send him back to Rwanda, despite the fact that he is a national of the Democratic Republic of the Congo, which does not recognize dual nationality. The author claims that, if he is returned to Rwanda, he might be arrested by the authorities for having refused to join the M23 movement, as he could be perceived as a spy of the Democratic Republic of the Congo. 3.2 The author further claims that, if he is returned to Rwanda, he would face a risk of persecution by M23 for not supporting them in their fight for the Tutsis. The author indicates that after the intervention of Malawi, South Africa and the United Republic of Tanzania, in partnership with the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, M23 was defeated and that its members escaped to Rwanda and Uganda. State party’s observations on admissibility and the merits 4.1 On 29 November 2014, the State party submitted its observations on the admissibility and the merits of the communication. It considers that the communication should be held inadmissible for failure to provide the basic level of substantiation required for purposes of admissibility. 4.2 Regarding the merits of the communication, the State party submits that while it does not wish to underestimate the concerns that may legitimately be expressed with respect to the current human rights situation in Rwanda,5 this situation does not require a 4 5 4 The copy of the passport provided by the author has as a date of issuance of 20 February 2017. The State party refers to: Human Rights Watch, “Rwanda: politically closed elections – a chronology of violations”, 18 August 2017; Amnesty International, “Setting the scene for elections: two decades of silencing dissent in Rwanda” (2017); Arch Puddington and Tyler Roylance, “Populists and autocrats: the dual threat to global democracy” (Washington, D.C., Freedom House, 2017); United States Department of State, “2016 country reports on human rights practices: Rwanda”, 2017; Report of the Secretary-General on the implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region (S/2017/208); and Regieringskansliet, “Mänskliga rättigheter, demockrati och rättsstatens: Principer i Rwanda 2015–2016” (in Swedish).

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