CAT/C/48/D/396/2009 2.6 In his appeal to the Federal Administrative Court the complainant produced a medical certificate confirming trauma resulting from torture and subsequent psychiatric treatment. He also produced a document testifying to the distress caused to his wife by his situation and her own situation in Benin and stating that she had attempted to commit suicide on 5 February 2008. On 1 April 2009, the Court rejected the complainant’s appeal, maintaining that the situation in Togo had improved since his departure and that his fear that he would be a victim of a violation of article 3 of the Convention was unfounded. The Court ruled that the medical treatment required by the complainant could be provided in Togo, but it failed to check the evidence produced by the complainant such as medical certificates attesting to post-traumatic stress and his poor state of health, and documents confirming his active participation in UFC as its vice-president in Aargau, Switzerland. Following the Court’s ruling against the complainant, the complainant’s wife committed suicide on 30 April 2009. 2.7 On 19 May 2009, the Federal Office for Migration rejected the complainant’s request for his application to be reconsidered. On 3 June 2009, the complainant filed an appeal with the Federal Administrative Court in which he reported that he had been hospitalized on an emergency basis by the psychiatric services of the canton of Solothurn on 29 May 2009, as he wanted to commit suicide because of his fear of being deported to Togo and tortured to death there. He also stated that he had requested a medical report, which would subsequently be made available to the judicial authorities.1 In his appeal, the complainant asked the Court to order an effective and thorough investigation. The complainant also submitted a report from the Swiss Refugee Council on the political situation in Togo dated 18 May 2009. On 10 June 2009, the Federal Administrative Court ruled that his appeal was manifestly unfounded. As the complainant was unable to pay an advance on the costs of the proceedings, the case was discontinued. The complaint 3.1 The complainant submits that the authorities of the State party have not disputed that he was tortured in 1999, that he was an active member of the UFC security team or that he fled to Ghana and Benin. He also submits that the medical certificates confirm that he has been seriously traumatized for many years. The complainant refers to reports from organizations such as Amnesty International, the Office of the United Nations High Commissioner for Refugees (UNHCR) and the Swiss Refugee Council indicating that he is likely to be tortured on his return. Although the situation in Togo has improved following the election of some UFC members to parliament, the situation for ordinary UFC members who are not in parliament remains dangerous, with secret arrests, threats and torture.2 On 27 April 2009, the army dispersed a peaceful demonstration by UFC members. The complainant further submits that the administrative courts of Brunswick (Braunschweig) and Lower Saxony (Niedersachsen) in Germany ruled on 25 February 2009 and 22 June 2009, respectively,3 that a fugitive could not be deported to Togo because the risk of his being prosecuted or tortured again could not be ruled out. Those courts suggested that the 1 2 3 4 A medical report from the psychiatric services of Solothurn dated 29 May 2009 was sent to the Swiss authorities in support of his appeal. The report from the Swiss Refugee Council notes that UFC members of the opposition with a low political profile may still be subjected to Government reprisals and that those who fled from Togo to Benin and Ghana are viewed with more mistrust, see report “Togo: Mitgliedschaft bei der Union des Forces du Changement (UFC), Auskunft der SFH-Länderanalyse”, Alexandra Geiser, Bern, 18 May 2009, p. 6. Decisions of the Administrative Court of Brunswick, Germany, of 25 February 2009, and the Higher Administrative Court of Germany, of 22 June 2009, regarding an asylum seeker fearing deportation to Togo (annexed to the submission to the Committee). GE.12-43942