CCPR/C/115/D/2284/2013
order to corroborate his status as a member of the Association pour la promotion des
libertés fondamentales au Tchad but instead presented this document for the first time
during his first pre-removal risk assessment. In his communication to the Committee,
he has provided no new facts or new evidence to show that he would be at risk of
persecution if sent back to Chad.
4.4 The State party adds that the author’s claims are objectively groundless, since
the evidence he has presented is confined to the statements of third parties or to
information that is much too vague to point to a personal and real threat. The author
has furnished no evidence, nor has he claimed, that his family or former colleagues or
employers have been threatened or targeted since he left Chad. If he were being
actively sought by agents at the highest levels of the Chadian Government, as he
contends, then the family members whom he left behind in Chad, or his former
colleagues or employers, would have been contacted by government agents trying to
find him or would themselves have been threatened.
4.5 Furthermore, the information in the documents provided as evidence by the
author is much too vague and general to point to a real and personal danger. For
example, Father Diondoh merely states in his letter that the people who bore the
author ill will are still asking for information about him, but he offers no further
explanations or details. Moreover, his letter contains no indication that the author’s
children, for whom Father Diondoh has been caring since the author’s departure, have
been threatened in any way. As for the letter from Mr. McDonough, it does not contain
sufficiently precise information to show that the author is being sought by State
agents. The sole new evidence submitted to the Committee, namely the written
statement by Ms. Moudeïna dated 5 December 2013, in no way proves that the author
might be at risk of being tortured or killed if he were to be returned. She gives no
details about her sources and does not explain why the chief of airport security in the
capital might have a personal quarrel with F.M.
4.6 The State party recalls that the evidence provided by the author to the
Immigration and Refugee Board contradicts his claims that his house was destroyed
because he was personally targeted by the regime. The evidence shows, instead, that
the author’s house suffered the same fate as nearly 1,000 other homes in N’Djamena
which were destroyed during the same period by the Chadian regime in order to drive
the rebels out of the capital. The information furnished by Mr. Guengueng likewise
contradicts the author’s claims.
4.7 The State party concludes by asserting that, even if F.M. was detained for four
days more than five years ago, that does not lead to the conclusion that there is a real
danger that he will be subjected to unlawful treatment today. The author’s fears are
founded on nothing more than speculation that he is still being sought by the
authorities. The State party acknowledges that, based on the documentary sources
recently examined by the Canadian authorities, the general human rights situation in
Chad remains a cause for concern. However, the author has not succeeded in proving
that he is personally at risk of being targeted by the authorities. Accordingly, the
communication should be declared inadmissible with respect to articles 6 and 7 of the
Covenant.
4.8 As regards article 13, the State party recalls that, on numerous occasions, the
author could have apprised the Canadian authorities of the reasons why his asylum
application should be approved and why he should not be deported. He was granted an
oral interview with the Refugee Protection Division, followed by a decision by the
same body. That decision was subsequently examined on the merits by the Federal
Court, which rejected the application for judicial review on the grounds that the
Immigration and Refugee Board had taken account of the evidence presented and that
the conclusions were reasonable. The author also submitted an application for
8/13
GE.15-21665