CAT/C/67/D/828/2017
the complainant with regard to the problems he claimed to have encountered thereafter. If
that event really was the source of his problems, the complainant should have been able to
provide more information about the persons present.
4.16 In addition, the complainant’s statements about being present during visits by
National Intelligence Agency officers to his family home, the dates of these visits and the
summonses and/or warrant(s) allegedly filed, were brief, disordered and even contradictory,
and were not supported by any evidence. Furthermore, the claim – made only at the stage of
the appeal before the Federal Administrative Court – that the complainant’s father, a close
friend of General Munene, had been arrested, is a mere assertion, not based on any
objective, tangible or substantial evidence. That claim also contradicts statements made by
the complainant during the hearings. The complainant had said that his father had also fled
the country because he had allegedly received warrants for arrest “because of ill-intentioned
traders”.
4.17 Moreover, the complainant has not provided a body of tangible, specific and
consistent evidence to establish that his links with General Munene are close enough for it
to be believable that the authorities of their country of origin would consider him to be of
interest. Contrary to the complainant’s statements before the Federal Administrative Court,
he neither said, nor, a fortiori, established, that he is a close relative or friend of General
Munene, having simply indicated that he comes from near the same village in Bandundu
province and is of the same ethnic group.
4.18 With regard to the evidence, some of which does not concern the complainant, the
State party notes that such evidence confirms that the complainant took part in the training
course organized by the International Centre for Training in Human Rights and
Development, but does not show that the alleged harm mentioned in support of the asylum
application actually occurred or attest to a well-founded fear of persecution. The letter from
General Munene and the – unpublished – article written by a member of Armée de
résistance populaire have no probative value, because, on the one hand, they do not mention
the problems that the complainant claims to have had and, on the other, it is easy to obtain
such documents, which appear to have been drafted as a favour for the sake of the cause.
4.19 In view of the inconsistency of the complainant’s account and the lack of tangible
evidence, there were no grounds for undertaking any additional investigations, such as a
request to the Swiss mission in the Democratic Republic of the Congo. 9 In his complaint,
the complainant does not explain the inconsistencies and reiterates the facts as have already
been considered by the Swiss authorities. He produces evidence that has already been
presented to and examined by the national authorities. The State party also emphasizes that
the complainant was returned to his country of origin following his registration for the
assisted voluntary return programme, after the submission of the present complaint.
4.20 Finally, the complainant does not credibly establish that he has been subjected to
treatment contrary to the Convention since his return to the Democratic Republic of the
Congo. The most recent news available to the State party about the complainant’s situation
in his country of origin is that contained in the annex to an email dated 21 June 2017, in
which the complainant’s counsel stated that the complainant “had been in touch from the
Democratic Republic of the Congo”. He once again explained that the complainant had
allegedly been forced to leave Switzerland under pressure from the IOM representative and
the Geneva police and that, on his arrival in Kinshasa, his passport had been confiscated
and he had allegedly been threatened at the airport. The complainant had then allegedly
been taken away and placed in detention, where he had allegedly been tortured and
questioned about his links to General Munene. He had been “crying in his native language”
and someone had helped him to escape. He was allegedly now living in hiding with the
family of General Munene. No other evidence has been produced to corroborate those
statements.
9
6
The State party explains that such investigative action is not initiated ex officio, contrary to the claims
made by the complainant.
GE.19-14950