CAT/C/21/D/100/1997
page 5
Nigerian authorities would pay much attention to such opinions, or want to
pursue the author on that basis, since his views are mild in comparison to the
criticisms levelled at the regime by the Nigerian press or by the opposition
in exile, if in fact the Nigerian authorities are even aware of the author's
articles, considering the small circulation of the publications in question.
4.8
Finally, the contention that Nigerian asylum-seekers in general, and the
author in particular as an asylum-seeker, are arrested on their return is
unfounded, according to reliable sources available to the Swiss asylum
authorities. No properly substantiated case has been reported that supports
the notion that rejected asylum-seekers are systematically persecuted simply
for filing an application for asylum.
4.9
Having carefully examined the case in question as well as the situation
in the country of origin, the State party consequently considers that there
are no substantial grounds for believing that the author would risk being
subjected to torture if he returned to Nigeria.
Author's comments
5.1
The author stresses that, despite the brutality of the political regime
in Nigeria, the Swiss authorities have systematically rejected all asylum
applications by Nigerian citizens for at least seven years now. As for the
matter of discrepancies in his statements, he contends that he has
consistently said that he went to Epe after learning of the warrant for his
arrest, which confirms his credibility.
5.2
It has not been established that the documents he submitted were forged.
The decision of the district court was substantiated only briefly because the
court suggested that the author should forego a detailed statement of the
grounds, but the proceedings themselves were not conducted in a summary
manner.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in the communication, 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. The Committee also notes that all
domestic remedies have been exhausted, and finds there are no further
obstacles to its declaring the communication admissible. Since the State
party and the author have both made comments regarding the substance of the
communication, the Committee will proceed to consider the communication on its
merits.
6.2
The Committee must decide whether sending the author back to Nigeria
would violate the State party's obligation under article 3 of the Convention
not to expel or return (refouler) an individual to another State if there are
substantial grounds to believe that he would be in danger of being subjected
to torture.