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