CAT/C/54/D/490/2012
As a result, the complainant’s referral to a psychiatrist and to the Centre for Torture
Survivors has been delayed, despite her efforts.6
5.3
As for the State party’s observation on the security situation in the Democratic
Republic of the Congo, the complainant submitted that the State party failed to present any
supporting information in that regard. The complainant referred to the Committee’s
findings in the case of Njamba and Balikosa v. Sweden,7 in which it concluded that it was
impossible to identify particular areas in the Democratic Republic of the Congo that could
be considered safe for the complainants.
5.4
Regarding the alleged contradictions concerning her political participation in MLC
and her allegations about the interpretation problems, the complainant emphasized that she
is a traumatized person and has been diagnosed with post-traumatic stress disorder. The
author refers to the Committee’s jurisprudence, in which it has considered that complete
accuracy is seldom to be expected from victims of torture.8
5.5
The complainant referred to the Committee’s general comment No. 1 (1997) on the
implementation of article 3 of the Convention in the context of article 22, and provided
information to support the claim that she would be in danger of being subjected to torture
were she to be expelled. According to the criteria listed in paragraph 8 of the general
comment, the complainant submitted that in the Democratic Republic of the Congo there
are serious human rights violations; that no area could be considered safe for her, as a
woman who is a traumatized victim of torture; that she has been imprisoned, continuously
mistreated and tortured by FARDC soldiers; that she presented medical evidence
supporting her claim of the mental and physical damage she had suffered; that she worked
with the non-governmental organization Lisanga Boboto, which cooperates with a bigger
non-governmental organization, La voix des sans-voix pour les droits de l’homme; and that
she was a member of MLC, the second-largest opposition party in the Democratic Republic
of the Congo, attending party meetings and being active in the party.
Additional submission from the complainant
6.
On 2 July 2014, the complainant submitted to the Committee reports by three
medical specialists of the Centre for Torture Survivors: one by a psychiatric specialist dated
29 August 2013, one by a physical therapist dated 17 April 2013 and a medical case
summary by a specialist in neurology/psychotherapist dated 7 March 2013. The reports
indicate that the complainant suffers from symptoms of major depressive disorder.
According to the reports, the findings are concurrent with the torture methods described by
the complainant and she is in need of long-term physical and psychological treatment. The
complainant stated that these and previous medical reports clearly support her claims that
she has been victimized through rape and other forms of torture and ill-treatment in the
Democratic Republic of the Congo. According to the complainant, taking into account the
situation in her country of origin, there are substantial grounds for believing that she would
face a foreseeable, real and personal risk of being subjected to torture if returned to the
6
7
8
The complainant presented a medical report of 9 July 2012 from a general practitioner. The report
describes the complainant’s physical ailments, stating that she is experiencing clear sciatic symptoms
on her right side, which has led to a mild palsy in her right leg. It notes that the complainant had
appointments at SOS-Crisis Centre before her pregnancy but not after the baby was born. The report
emphasizes that a visit, for example to the Centre for Torture Survivors, would be particularly
beneficial to the complainant.
See communication No. 322/2007, Eveline Njamba and her daughter Kathy Balikosa v. Sweden,
decision adopted on 14 May 2010, para. 9.5. See also communication No. 379/2009, Sylvie BakatuBia v. Sweden, decision adopted on 3 June 2011, para. 10.7.
Communication No. 43/1996, Tala v. Sweden, Views adopted on 15 November 1996, para. 10.3.
7