CAT/C/44/D/355/2008
performing unofficial duties under Sassou Nguessou’s regime. The complainant explains
that he acquired a copy of the wanted notice and of the notice of court proceedings through
persons close to him, who are currently working in the General Staff Headquarters and the
Office of the Public Prosecutor. The complainant considers that in any case the documents
are official since they were issued by the authorities.
5.3
Regarding the authenticity of the documents that he has submitted, the complainant
counters that such details as the form, the colour of the lettering and the quality of the paper
should not cast doubts on the validity of the documents insofar as they were issued by a
country in different circumstances and with different resources from those of the State
party. With regard to the death certificates for his brothers, the complainant explains that
they are authentic, as each carries a registration number which allows authentication. The
complainant invites the State party, if it is unsure of the authenticity of the evidence
provided, to obtain a copy of the official documents issued generally by the Congolese
authorities. This would enable the State party to authenticate the evidence provided with the
application.
5.4
In relation to the systematic violation of human rights in the Republic of the Congo,
the complainant mentions a press article which reports that, in 1999, despite the peace
agreements, several persons from the Democratic Republic of the Congo were reported
missing upon their return to the Congo. The complainant also mentions a journalist who
was burnt alive when he returned to the country. Consequently, he believes that the peace
agreements signed in 2003 are not sufficient grounds to justify the argument that there is no
risk of torture in the case of deportation. The complainant adds that there are still isolated
cases of individuals being tortured unofficially. He maintains that his involvement in secret
missions can of itself lead to prosecution in his country of origin. As he has divulged
information on his secret missions to the Swiss Government in the course of his asylum
application, the complainant could be regarded as having betrayed the Congolese nation.
5.5
Lastly, the complainant runs the additional risk of being persecuted if he returns to
his country because of the activities of his brother, B.M., who is currently living in exile.
All the members of the M. family who have remained in the Congo risk persecution by
State agents seeking information on the complainant’s older brother.
Additional comments by the complainant
6.1
On 31 August 2009, the complainant sent the Committee a letter written by the
Cantonal Migrations Office of Zurich, notifying him of the possibility that he might be
eligible for a humanitarian permit in Switzerland. For the purposes of the procedure, the
Office needed details of the procedure currently being conducted before the Committee.
The letter added that the application for a humanitarian permit in Switzerland had to be
suspended until the international procedure before the Committee had been completed.
6.2
On 1 November 2009, the Advisory Bureau for French-speaking Africans in
Switzerland submitted a request in the complainant’s name to suspend the procedure before
the Committee until such time as the Swiss cantonal and federal authorities issued a ruling
regarding the grant of a humanitarian permit.
Additional comments by the State party
7.1
On 3 December 2009, the State party stated that the competent authorities of the
Canton of Zurich could not decide on applications for permits in hardship cases
(humanitarian permits) while another procedure was under way, including one before the
Committee. Thus the suspension of the procedure is still not sufficient for the cantonal and
federal authorities to take a decision since the international procedure has not been halted or
has not led to a decision on admissibility or on the merits. The State party points out that
GE.10-42782
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