had no administrative obligations. Acting on behalf of the regime, it also carried out propaganda activities and
kept track of members of the political opposition in order to keep them under some kind of control.
2.2
The author explains that his work consisted of acting as an intermediary in certain business
transactions, such as obtaining permits for foreign businessmen. But his responsibilities also included
collecting information on members of the opposition within a particular geographical area and denouncing any
subversive activities. One day, he denounced a friend's father, who was subsequently tortured to death. The
author states that he reported to his supervisors at least every two months and was generously paid. In addition
to his salary, he received a bonus when he denounced someone and he enjoyed a whole range of other
privileges.
2.3
During this period, he was warned by both friends and enemies that his activities might one day be
dangerous for him. His parents, particularly his father, tried to persuade him to leave the job and return to
university. The author eventually left Hyochade in January 1997 and stayed with his parents while waiting for
an opportunity to go back to university.
2.4
On 17 May 1997, the rebellion led by Mr. Kabila reached Kinshasa. On the night of 18 June 1997,
soldiers burst into the author's parents' house to arrest him. As he was not there, the soldiers arrested his father.
When he learned what had happened to his family, the author decided to go into hiding in Bas-Zaire, where he
stayed with a friend until mid-September. He then caught typhoid fever and decided to return to Kinshasa,
where he stayed with his sister.
2.5
On 6 October 1997, his father was released on condition that he report to the military post every two
weeks until the author returned. On the day he was released, the father came to visit the author, but was
followed by three plain-clothes officers with an arrest warrant and a photograph of him. The author was
arrested and taken to the Kokolo military camp. His father was allowed to accompany him only as far as the
entrance.
2.6
The author states that he was kept in isolation in a cell for three days without food. He was then taken
to the office of the camp commander, where he was informed that he was accused of treason, extortion and
complicity in murder. He denied the charges, but was ordered by the commander to be taken away to another
cell, where he received a beating, including blows to his genitals, from several soldiers. He was in hospital
until 25 November 1997, when a doctor, who had been bribed by his sister, helped him to escape. He decided
to leave the country immediately.
2.7
On arriving in Switzerland, on 1 December 1997, he applied for asylum. His application was turned
down by the Federal Office for Refugees on 25 March 1998. He then submitted an appeal against this decision,
but it was declared inadmissible on 18 June 1998 by the Swiss Appeal Commission on Asylum Matters, on the
grounds that the author had not paid the full amount needed to cover the cost of the proceedings until four days
after the deadline.
Merits of the complaint
3.1
The author states that, if he were returned to the DRC, he would be tortured and summarily executed.
Given the fact that he carried out his professional activities in his own neighbourhood, that he had sent many
people from that neighbourhood to be tortured if not to their death, and that he enjoyed many privileges, there
are grounds for believing that he has certainly not been forgotten and that, if he returned to Kinshasa, the fate
awaiting him would be commensurate with his actions. The numerous documents he has produced during the
asylum proceedings also provide substantial reasons for believing that this fear is well founded.
116
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