CAT/C/46/D/350/2008
UNHCR, dated 30 September 2004, in which UNHCR had concluded, in light of the
documents submitted and the human rights situation in the Democratic Republic of the
Congo, that the complainant was clearly not at risk of persecution in his country of origin.
8.6
In assessing the risk of torture in the case under consideration, the Committee notes
the complainant’s claims that as an active member of the Christian group GJCC he
organized three talks on the presidential elections in the Democratic Republic of the Congo,
and at these events alerted young Christians to the fact that Joseph Kabila, the main
candidate, was not of Congolese origin; that, after making these pronouncements he was
arrested, interrogated, and then transferred to a prison in Katanga where he was tortured;
and that two weeks later he escaped from prison and fled the country for Switzerland. The
Committee notes that according to the complainant, his wife was raped at the time of his
arrest and, a few years later, had in turn managed to flee the country and seek asylum in
Zimbabwe. The Committee also notes the complainant’s claim that his appearance, without
his face obscured, on a TSR programme that was subsequently aired on TV5, his political
activities as a supporter of APARECO and his participation in programmes broadcast on
Radio Kimpwanza contribute to the risk of torture that he would face if deported to his
country of origin. Lastly, it notes the information according to which the various medical
reports issued by psychotherapists since 2005 attest to post-traumatic stress disorder in the
complainant, confirming the trauma suffered as a result of the events he experienced in the
Democratic Republic of the Congo.
8.7
The Committee notes the State party’s argument that the medical reports submitted
by the complainant rest on a case history based solely on information provided by the
patient and that they do not prove the veracity of the allegations made, notably with regard
to the circumstances, the reasons or even the identity of the perpetrator of the alleged illtreatment. The Committee notes that the State party is not contesting the mental health
problems, but is questioning the causal link between these problems and their alleged
origin. It further notes that these problems are attributed by the doctors themselves to other
factors, including the anxiety associated with the complainant’s separation from his family
and his precarious status in Switzerland. The Committee also notes the doubts raised by the
State party with regard to the credibility of the acts alleged by the complainant, which are
the basis for the alleged risk of torture that he would face if deported to the Democratic
Republic of the Congo. In this connection the Committee notes that the complainant
provides no details about the torture he allegedly suffered in the Democratic Republic of
the Congo, that documents such as the wanted notices and press articles submitted lack
evidentiary value, and that the complainant’s statements regarding contact with his wife
since leaving the Democratic Republic of the Congo are contradictory.
8.8
In light of the information provided by the parties, the Committee observes that the
complainant has not substantiated a causal link between the events that led him to leave his
country of origin and those that have occurred since his arrival in Switzerland on the one
hand and the risk of torture he would face if deported to the Democratic Republic of the
Congo on the other. The complainant has not in fact provided any information that would
give grounds to conclude that pronouncements concerning the non-Congolese origin of
President Joseph Kabila made by Christian movements such as GJCC would lead to the
Congolese authorities’ torturing the persons concerned, years after the event, when the
same issue has apparently been widely discussed by the opposition. In addition, the
complainant has provided no details about the torture allegedly suffered during his
detention in the Democratic Republic of the Congo and has failed to prove that his
appearance in the TSR report and his participation in radio programmes would place him at
risk of being subjected to torture if returned to his country of origin. The Committee recalls
that the tragic acts to which the complainant’s wife was reportedly subjected do not in
themselves create a real, personal and foreseeable risk of torture for the complainant.
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