CAT/C/48/D/396/2009
about the complainant’s testimony concerns the circumstances surrounding his release in
April 2006. The complainant, wanted for several years and suspected of attacking a
gendarmerie in Lomé on 26 February 2006, claims to have been released by a soldier who
had been bribed by his brother-in-law. Yet, the perpetrators of the attack on the
gendarmerie were arrested and tried on 19 May 2006. The complainant’s fears are therefore
not justified.
4.9
Furthermore, the complainant made contradictory statements with respect to certain
key points. At the registration centre, he stated that he had lived in Benin between 1999 and
2002 and in Agouegan from 1 April 2004 until his departure. In addition, he claims that, in
2002, he received a signed business card from Mr. H.O. Olympio, which he lost in 2003.
However, to the cantonal authorities he stated that he had lived in Lomé from the age of 6,
that he had gone occasionally to Agouegan and that he had fled to Benin again after his
return in 2002 and spent six months there. Moreover, he initially said that Mr. H.O.
Olympio had given him a permit, but later declared that he had lost his wallet containing
the permit and the business card.
4.10 As to the events surrounding the 2003 elections and the meeting organized by UFC
on 16 April 2005, the State party notes that these points, which the complainant apparently
considers to be crucial, were not made until late in the proceedings. There are too many
inconsistencies and contradictions to be reasonably explained by the fact that a person is
facing persecution. Furthermore, they relate to key points and the complainant has failed to
set them out in a plausible manner. Consequently, there are no substantial grounds for
believing that the complainant would be in danger of being tortured if he returned to Togo.
Complainant’s comments on the State party’s submission
5.1
On 14 June 2010, the complainant stated that the campaign of repression against
UFC party members in Togo was ongoing. According to Amnesty International, the day
before the presidential election of 4 March 2010, two members of the opposition party and
a dozen other activists were arrested and charged with jeopardizing State security. On 8
March 2010, the Government banned demonstrations on working days. On 9 March 2010,
during a protest march against election irregularities, UFC members were stopped and
questioned. A UFC office was raided and material evidence of fraud was stolen. In the
wake of the presidential elections, demonstrations continued to be violently put down. On
14 April 2010, about 70 people were arrested, including UFC representatives. The
International Federation for Human Rights (FIDH) condemned the arrest of political
activists and called for civil and political rights to be observed in Togo in the post-election
period. The complainant personally took part in a protest on 10 April 2010 outside the
United Nations office against the irregularities that had occurred during the presidential
election and the ensuing violence. In an article dated 29 April 2009 in the newspaper Le
Triangle des Enjeux, he had already accused the gendarmerie of presenting falsified
evidence when Kpatcha Gnassingbé, the President’s brother, was arrested.
5.2
Contrary to the assertions of the State party, the political situation has not improved
and the campaign of repression against UFC members was stepped up during the run-up to
the presidential election on 3 March 2010. Furthermore, by publishing an article in Le
Triangle des Enjeux on 29 April 2009, the complainant demonstrated publicly his
opposition to the current Government in Togo. Those activities could put the complainant
at risk if he returned to his country.
5.3
As to the alleged inconsistencies identified by the State party, the complainant
refutes the State party’s contention that he went to Lomé to go into hiding. In fact, at the
time, his wife was living in the village of Devego in the suburbs of Lomé. Furthermore,
surprising as it may seem, a police officer did nonetheless recognize him on 28 March
2006, many years after the events in question. With regard to the attack on the gendarmerie
GE.12-43942
7