CAT/C/67/D/828/2017
in the conflict areas, predominantly in the east of the country, where various armed groups
are active and the government armed forces conduct operations against opponents, the
country is not at war, civil or otherwise, or plagued by generalized violence. It cannot
therefore immediately be assumed – independently of the circumstances of the present case
– that all complainants from this State face real danger. Moreover, the general human rights
situation is not in itself sufficient to make the complainant’s return incompatible with
article 3 of the Convention. The complainant has failed to make a convincing argument for
the claims that he would face treatment prohibited under that article if returned to the
Democratic Republic of the Congo.
4.11 With regard to claims of torture or ill-treatment in the recent past and the existence
of independent evidence to support those claims, the State party points out that States
parties to the Convention have a duty to consider any such claims with a view to assessing
the risk that the complainant concerned would be subjected to torture if he or she were to be
sent back to his or her country of origin. The State party nonetheless recalls that the
complainant has not actually claimed to have been subjected to torture or ill-treatment in
his country of origin.
4.12 With regard to the complainant’s political activities in his country of origin, he
claimed that he was a human rights defender in the Democratic Republic of the Congo and
that he was sought by the current regime for demanding the return of General Munene in
the context of the national dialogue and for speaking out in his defence during a conference
in February 2017. The Swiss authorities have, however, found that his statements were not
credible. In his complaint to the Committee, the complainant did not adduce evidence to
challenge the findings of the State Secretariat for Migration and the Federal Administrative
Court.
4.13 With regard to the complainant’s credibility and the consistency of the facts, the
decisions of the national asylum authorities show that the complainant’s statements do not
in any way indicate that there are substantial grounds for believing that he would be
exposed to torture if he were to be returned to the Democratic Republic of the Congo. The
State Secretariat for Migration and the Federal Administrative Court considered that the
complainant’s statements that he undertook a training course in the field of human rights
provided by the International Centre for Training in Human Rights and Development in
Kinshasa in 2015 were plausible. However, they noted that such training alone could not
give rise to a risk to the complainant in the event of him being returned to the country. A
total of 940 people reportedly attended such training courses in 2015 alone.
4.14 Equally, neither the State Secretariat for Migration nor the Federal Administrative
Court challenged the complainant’s statements regarding his voluntary work visiting
prisons and reporting on the detention conditions. They noted, however, that, without
prejudging their credibility, the threats made against the complainant 8 during his prison
visits were not of sufficient intensity to constitute serious harm, the complainant himself
having recognized that the threats were acceptable and were not the reason for which he
had fled the country.
4.15 The Swiss authorities, however, did not find credible the complainant’s claims that
the immediate reason for him fleeing the country had been his participation in a conference
denouncing human rights violations, during which he had spoken about General Munene’s
situation. He had provided only inconsistent information about the conference and the
surveillance to which he had reportedly been subjected, offering no more than general
statements. He had given an impersonal and stereotypical description of the events, with no
significant details that would indicate that he had actually lived through the experience.
When he had been asked to name the people who had spoken at the conference, he had
been able to give only the name of the coordinator of the International Centre for Training
in Human Rights and Development. He was unable to recall either the name of the person
representing the Ministry of Justice or that of the person working for an international nongovernmental organization, or even the name of the non-governmental organization. The
asylum authorities rightly found that those statements called into question the credibility of
8
GE.19-14950
See the record of the hearing of 5 May 2017.
5