CAT/C/46/D/379/2009
invoked by the complainant do not suffice to show that the alleged risk of torture fulfills the
requirement of being foreseeable, real and personal, and, therefore, her return to DRC
would not constitute a violation of article 3 of the Convention.
8.2
In her submission of 2 September 2010, the complainant maintains that her efforts to
locate her family brought no results. She submits that she has substantiated her claim with
written evidence, the risk of torture being foreseeable, real and personal. On 16 September
2010, she submitted two reports produced by the UN which give credible information about
the extremely difficult human rights situation in the DRC, and a copy of the Committee’s
decision in respect of the communication no. 322/200710. On 4 October 2010, the
complainant provided information about the fate of other persons that have the same
background or have been in the same situation as the complainant herself. She submits that
in 2002 a catholic priest was arrested because he criticized the regime, and was released
only after the Cardinal Etshou had threatened the regime with a mass demonstration. The
Cardinal died a few weeks later in Brussels, most likely he was poisoned. Another pastor
from Katanga, Theodore Ngoy, was forced to flee and is now a refugee in Canada. Kotino
Fernando, a pastor previously working in Kinshasa, has been sentenced to death and
subsequently his sentence was commuted to 20 years’ imprisonment. Therefore, she
maintains that she would be arrested upon return and exposed to persecution and torture
due to her previous political and religious activities in DRC.
Issues and proceedings before the Committee
Consideration of admissibility
9.1
Before considering any claims contained in a complaint, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
9.2
In accordance with article 22, paragraph 5 (b), of the Convention, the Committee
does not consider any communication unless it has ascertained that the complainant has
exhausted all available domestic remedies. The Committee notes the State party’s
acknowledgment that domestic remedies have been exhausted and therefore finds that the
complainant has complied with article 22, paragraph 5 (b), of the Convention.
9.3
The State party submits that the communication is inadmissible under article 22,
paragraph 2, of the Convention, on the basis that it fails to rise to the basic level of
substantiation required for purposes of admissibility. The Committee is of the opinion that
the arguments before it raise substantive issues which should be dealt with on the merits
and not on admissibility considerations alone.
9.4
Accordingly, the Committee finds the communication admissible and proceeds to its
consideration on the merits.
Consideration of the merits
10
The complainant submitted the following documents: the copy of the Committee’s decision in
communication no. 322/2007, Njamba v. Sweden; Second joint report of seven United Nations experts
on the situation in the Democratic Republic of the Congo, 8 March 2010, UN. Doc. A/HRC/13/63;
Report of the United Nations High Commissioner for Human Rights and the activities of her Office in
the Democratic Republic of the Congo, 28 January 2010, UN. Doc. A/HRC/13/64.
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