CAT/C/46/D/379/2009 Report of the United Nations High Commissioner for Human Rights and the activities of her Office in the Democratic Republic of the Congo (2010)15 on the general human rights situation in the Democratic Republic of the Congo, serious human rights violations, including violence against women, rape and gang rape by armed forces, rebel groups and civilians, continued to take place throughout the country and not only in areas affected by armed conflict. Furthermore, in a recent report, the High Commissioner for Human Rights stressed that sexual violence in DRC remains a matter of serious concern, particularly in conflict-torn areas, and despite efforts by authorities to combat it, this phenomenon is still widespread and particularly affects thousands of women and children16. The Committee also notes that the Secretary-General in his report of 17 January 2011, while acknowledging a number of positive developments in DRC, expressed his concern about the high levels of insecurity, violence and human rights abuses faced by the population17. 10.7 Thus, in the light of the foregoing information, the Committee considers that the precarious human rights situation in the Democratic Republic of the Congo, as documented in recent United Nations reports, makes it impossible for the Committee to identify particular areas of the country which could be considered safe for the complainant in her current and evolving situation18. 10.8 Accordingly, the Committee, after having taken into account all the factors relevant for its assessment under article 3 of the Convention, and considering that the complainant's account of events is consistent with the Committee's knowledge about the present human rights situation in the Democratic Republic of the Congo, is of the view that, in the prevailing circumstances, substantial grounds exist for believing that the complainant is at risk of being subjected to torture if returned to the Democratic Republic of the Congo19. 11. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, considers that the complainant’s removal to the Democratic Republic of the Congo would constitute a violation of article 3 of the Convention. 12. In conformity with rule 118 (former rule 112), paragraph 5, of its rules of procedure, the Committee wishes to be informed, within 90 days, on the steps taken by the State party to respond to this decision. [Adopted in English, French and Spanish, the English text being the original version. Subsequently to be issued also in Arabic, Russian and Chinese as part of the Committee’s annual report to the General Assembly.] 15 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; 16 See Rapport de la Haut Commissaire des Nations Unies sur la situation des droits de l’homme et les activités du Haut-commissariat en République démocratique du Congo, 10 janvier 2011, UN. Doc. A/HRC/16/27. 17 Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, 17 January 2011, UN. Doc. S/2011/20. 18 Communication No. 322/2007, Njamba v. Sweden, decision adopted on 14 May 2010, para. 9.5. 19 Ibid., para. 9.6. 15

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