CAT/C/48/D/396/2009 4.4 The State party goes on to say that legislative elections were held on 14 October 2007 and that, according to several independent sources, the electoral process was on the whole satisfactory. The State party considers that this development and the improvement of the human rights situation in Togo led the European Commissioner for Development and Humanitarian Aid to consider that the conditions for re-establishing full cooperation between the European Union and Togo had been fulfilled. 4.5 The improvement of the human rights situation in Togo does nothing to favour the complainant’s case. Even assuming that his testimony is credible, the mere fact of the complainant’s arrest and detention in 1999 and his political involvement in UFC do not now constitute substantial grounds for believing that he would face torture if he returned to Togo. In its decision of 1 April 2009, the Federal Administrative Court reached this conclusion, referring to various independent sources. The main reason why the Administrative Court of Brunswick in Germany and the Higher Administrative Court of Germany6 offered a different assessment of the situation in Togo, while acknowledging the progress made, is that those courts applied the criteria of German law regarding the revocation of refugee status, and not the requirements of article 3 of the Convention. 4.6 The complainant alleges that he was tortured in 1999 following his arrest. However, as the Federal Office for Migration noted in its decision of 8 September 2006, it is not strictly necessary to rule on the allegations, since there is no causal link between the alleged acts of torture and the complainant’s departure for Switzerland. Furthermore, the medical certificates and reports submitted by the complainant, which were dated at least eight years after the facts, make no mention of acts of torture, but are based explicitly on the complainant’s testimony. 4.7 The latest Swiss Refugee Council report notes that less well-known UFC members are at some risk of being arrested, threatened or tortured. However, during the asylum application procedure, the complainant claimed that he benefited from the protection of Mr. H.O. Olympio’s family. Thus he cannot be considered to be an ordinary UFC member. With regard to the complainant’s activities outside his country of origin, he claims that he has taken part in UFC demonstrations in Switzerland and that he has co-written an article on its activities. However, these are activities that are engaged in by most of the politically active Togolese nationals in Switzerland. In view of the political developments in Togo (see paragraphs 4.3 and 4.4 above) and the complainant’s allegation that he is a well-known UFC member, his political activities in Switzerland could not give rise to a risk of torture, especially given that numerous political demonstrations take place in Switzerland, that many of his compatriots also take part in them and that photographs or video recordings, many of them showing large numbers, even hundreds, of demonstrators, are made publicly available by the relevant media. 4.8 In its decision of 8 September 2006, the Federal Office for Migration considered that the complainant’s testimony was clearly implausible. It maintained that his allegations were contrary to general experience and not logical. That applied in particular to his alleged arrest on 28 March 2006. At that time, the complainant was in hiding in Agouegan and was wanted by the security forces and young members of the RTP. He claims to have feared for his life. However, despite his fears, he visited his wife in Lomé regularly. Furthermore, the police officer who stopped his car and arrested him is reported to have recognized him immediately. According to the complainant, his arrest was related to the loss in 2003 of his wallet containing a document given to him by Mr. H.O. Olympio. As the Federal Office for Migration pointed out, it is surprising that, several years later, the police were still looking for him so actively that he was recognized immediately. Another element that raises doubts 6 6 op. cit. GE.12-43942