CCPR/C/125/D/3041/2017 treatment in Angola and in the Democratic Republic of the Congo remain very limited, and are insufficient to meet the specific needs of her daughter. 5.2 The author also submits additional evidence with regard to the risk they would face upon deportation and to her identity. Firstly, another arrest warrant was issued by the National Intelligence Agency in May 2017 against the author and her husband, L.M., after a massive prison breakout at the Makala detention facility, which led to the reissuance of old arrest warrants. Secondly, the author, her husband and her mother have been able to obtain passports and marriage and family certificates from the Embassy of the Democratic Republic of the Congo in Ottawa. 3 The authors submit that the State party’s observations do not address the alleged risk upon return of the alleged victims, but limits itself to arguing about the lack of credibility of the author. This assumption only strengthens the essence of the present communication: the essential elements of the author’s asylum claim were never given fair consideration. 5.3 On the matter of her credibility, the author fully rejects the State party’s assertion that she had at some point recognized having Angolan citizenship, and submits that she had only indicated that she had an Angolan passport (irregularly obtained). The author further clarifies that she had always been truthful to the Canadian authorities about the different identities that had been used, and the reasons for their use: one false identity was used to obtain the Angolan passport; the other was used when the author’s husband was working for the head of the National Intelligence Agency, for cultural reasons. The author concludes that she was at all times truthful to the State party authorities and that, if the domestic authorities had examined her application properly, all their doubts would have been clarified regarding the credibility of her statements. The author notes the State party’s claim that, because they do not consider the author to be a national of the Democratic Republic of the Congo, she would face no persecution in Angola. The author has alleged, however, that she has been subjected to persecution not only in the Democratic Republic of the Congo but also in Angola, where the author’s family members have been tracked down and questioned, resulting in the death of her brother, her mother’s leg amputation and the disappearance of her father and of other siblings. The author, her husband and her mother have consistently maintained this in all their exchanges with the authorities of the State party. 5.4 The author submits that the Angolan passports, obtained through misrepresentation, expire in August 2018, and that thereafter they would be undocumented migrants in Angola. According to different reports, asylum seekers and refugees do not receive any protection from the Government in Angola, and are often victims of harassment and intimidation by police officers. The author also recalls that she had already suffered discrimination in Angola as a citizen of the Democratic Republic of the Congo. In addition, arbitrary arrest and detention in Angola are a particular concern for Congolese migrants, and would be of even greater concern for the author, who is a wanted person in the Democratic Republic of the Congo. The author also points out that the judicial system and the security forces in Angola are deeply affected by corruption and inefficiencies, and that extrajudicial killings are a serious human rights concern. 5.5 The author recalls that she fears being extradited or deported to the Democratic Republic of the Congo by the Angolan authorities. A report by the Government of Angola showed that at least 170 citizens from the Democratic Republic of the Congo had been repatriated in April 2018.4 She notes the worsening human rights situation in the Democratic Republic of the Congo, characterized by high rates of arbitrary arrest and detention and where family members are often arrested in the place of a suspect, putting her at risk of being arrested in the place of her husband. Security forces in the Democratic Republic of the Congo have reportedly perpetrated acts of torture and ill-treatment, while 3 4 Although the passports were issued in August 2016, the author does not explain why they were not submitted with the original complaint. The author attaches a written statement by their lawyer before the domestic courts declaring that she did not submit such evidence during the pre-removal risk assessment procedure because she was expecting to have an oral hearing and bring them then. She does not explain why she did not include the passports in the appeal to the pre-removal risk assessment decision. See https://reliefweb.int/report/angola/sme-repatriates-170-drc-citizens-illegal-stay. 7

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