CAT/C/46/D/350/2008
4.8
To his request for review dated 11 January 2005 and his appeal to the Swiss Asylum
Appeals Commission dated 27 January 2005, the complainant attached a press release and a
look-out notice posted on the Internet site www.societecivile.cd on 15 October 2004, which
indicated that the non-governmental organization Action contre les violations des droits des
personnes vulnérables (Action against Violations of the Rights of Vulnerable Persons)
(ACVDP) was searching for him. In an e-mail sent to the complainant’s counsel on 18
February 2005, the President of ACVDP, Crispin Kobolongo, confirmed that GJCC had
informed him of the complainant’s abduction and that this information had prompted
ACVDP to speak with the president of GJCC and the complainant’s wife. She had
confirmed that her husband had been abducted, that she had been raped on the same day,
and that her husband had since been missing. It was because the investigations to ascertain
the complainant’s whereabouts had reportedly proved fruitless that the look-out notice and
press release had been issued. However, the complainant’s family — specifically his wife
and his uncle — had had mobile telephone, fax and e-mail contact with the complainant
while he was confined to Zurich airport in late September and early October 2004, and
were therefore aware of his whereabouts. The State party concludes from this that the
wife’s sole interest in having the notice published was to provide her husband with
documentary evidence to support his asylum application in Switzerland. The fact that the
complainant himself provided this supposedly convincing evidence in 2005, when he had
actually been in telephone contact with his wife at least two weeks before its publication,
further discredits the complainant and his entourage.
4.9
In support of his appeal dated 27 January 2005, the complainant also submitted the
notice of his disappearance published in the biweekly newspaper Le Satellite on 22 October
2004. In this notice, his family urged readers to report any information that might help
ascertain his whereabouts to a family member or the police. The State party finds it
incongruous that the family should urge readers of the newspaper to facilitate the police’s
efforts to ascertain the complainant’s whereabouts. Noting that the issue of the wanted
person notice by the National Intelligence Agency on 10 November was also contrived, the
State party underlines that both the notice dated 19 September 2004 and the summons dated
26 September 2004 (in which the complainant’s wife was asked to report to the police
station the next day at 10.30 a.m.) have very little evidentiary value. The two documents,
both of which were signed by Clément Konde, had been issued a week apart, each on a
Sunday, when offices are usually closed. The State party notes that the Swiss authorities
generally doubted the evidentiary value either of the summonses (which are for the most
part faxed copies) or of the articles published in the press or on the Internet. It also notes
that in Kinshasa it is easy to obtain such documents for payment.
4.10 In his request for review dated 8 April 2008, the complainant claimed that, after
losing all contact for several years, he had finally managed to find his wife in March 2008.
She had supposedly informed him that she had left Kinshasa in 2005, as the Congolese
authorities’ efforts to find the complainant were putting her in danger. Before leaving to
request asylum in Zimbabwe at the end of 2007, she had reportedly spent most of the time
living with her parents in the centre of the country. The Federal Administrative Court
considered that, since the complainant’s wife could easily have found people in contact
with her husband since his disappearance, the couple’s claims of a total loss of contact, with
contact re-established only a few days after the complainant was informed of the imminent
outcome of his appeal, were hardly convincing.
4.11 Lastly, the State party notes that the assessment made by the Federal Office for
Migration in the first asylum proceedings, in which it had concluded that the complainant
lacked credibility, was shared by UNHCR, to which the case had been referred on 27
GE.11-43878
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