CAT/C/20/D/65/1997
page 9
spent by the author's legal representative in preparation of the hearing of
his case before the Immigration Board was minimal and that his case was
therefore not fully presented.
6.7
As regards the inconsistencies in the author's story, counsel explains
that these are caused by the difficulties the author was facing in trying to
adapt to a new society, whereas suffering the consequences of torture.
Counsel contends that the authorities lacked understanding for the author's
situation. He stresses that the author suffers from a Post Traumatic Stress
Disorder and that this explains the inconsistencies in his story and his gaps
of memory. In this context, counsel refers to the Committee's prior
jurisprudence.
6.8
As regards the offer to give him a diplomatic post, counsel explains
that the Government in Djibouti has on numerous occasions tried to win over
opponents by offering them high posts and that it needs educated
collaborators.
6.9
Counsel refers to the medical evidence and submits that there is no
doubt that the author has been tortured. He asserts that in view of the past,
continued detention, torture and other ill-treatment is the necessary and
foreseeable consequence of the author's forced return to Djibouti.
6.10 As regards the State Party's argument that its immigration authorities
have a lot of experience in handling asylum cases, counsel submits that the
authorities tend not to accept incoherent and contradictory statements from
persons who have been subjected to torture, although testimony from experts in
the field demonstrate that these inconsistencies are the result of the effects
of the torture on the person. According to counsel, most immigration
officials have little understanding of these problems and don’t follow regular
training programmes. As regards the availability of information, although
information from non-governmental organizations is available, officials prefer
to rely on information available through diplomatic channels. Counsel
concludes that the standard applied by the State Party is not as high as it
claims.
6.11 As regards the State Party's argument in relation to possible diverging
case-law by the European Commission of Human Rights and the Committee against
Torture, counsel submits that these bodies are independent of each other and
work in a different context. Counsel disagrees with the State Party's
concerns and states that, if a different standard is applied by the two
bodies, all the State Party has to do is to apply the stricter of the two.
The Committee's admissibility decision
7.
At its nineteenth session, the Committee examined the admissibility of
the communication. It noted with appreciation the information given by the
State Party that the Immigration Board has stayed the enforcement of the
expulsion order against the author, pending the Committee's final decision.
8.
The Committee ascertained, as it was required to do under article 22,
paragraph 5 (a), of the Convention, that the same matter had not been and was
not being examined under another procedure of international investigation or
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