documents. Lastly, with regard to his activities on behalf of the regime and his political activities, the author observes that he was asked very few questions on the subject and so did not have a chance to give all the necessary explanations in reply to the doubts of the authorities responsible for the asylum proceedings. 5.4 The author believes that the State party has not honoured its international commitments in its handling of his application for asylum, particularly in its excessive reliance on a formality (the payment of the 250 Swiss franc deposit for appeal costs four days after the deadline) to declare his appeal to the Swiss Appeal Commission on Asylum Matters dated 30 April 1998 inadmissible. 5.5 The author derives some satisfaction from the State party's observations on his communication, since for the first time the merits of his reasons and arguments have been examined in depth. He regrets, however, that this examination was carried out not by the actual judicial authority normally competent in asylum matters, but by the Government, which, by virtue of the proceedings, is a party in the case and consequently does not have the independence and impartiality of the judiciary. 5.6 The author believes that, by signing the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the State party undertook not to expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. To determine the risk involved, the State party must take account of all relevant considerations, including the existence of systematic violations of human rights in the country concerned. The author believes that these relevant considerations have not been examined, since the Swiss authorities dealing with the matter did not at any time consider the merits of his application for asylum. 5.7 With regard to the lack of a medical certificate, the author recalls that he was examined upon his arrival in Switzerland, but, being unfamiliar with the details of the procedure, did not think of asking for an examination of the marks left by the ill-treatment to which he had been subjected. 5.8 In respect of his political activities while working for Hyochade, although his actions were not political in the strict sense of the word, they were serious enough for him to be remembered in Kinshasa. As to the lack of documentation to back up his statements about his work, he adds that there would be no documents relating to his activities at Hyochade at his father's house because of the nature of the company's activities. 5.9 Lastly, the author believes he has provided enough plausible evidence to show that his story is true, believing that any made-up story would never have held together. Issues and proceedings before the Committee 6.1 Before considering any of the allegations in a communication, the Committee against Torture must decide whether or not the communication is admissible under article 22 of the Convention. It has ascertained, as in accordance with article 22, paragraph 5 (a), of the Convention it is required to do, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. It also notes that all domestic remedies have been exhausted and that the State party has not contested the admissibility of the communication. It therefore considers that the communication is admissible. As both the State party and the author have provided observations on the merits of the communication, the Committee proceeds with the consideration of those merits. 6.2 The issue before the Committee is whether the forced return of the author to the Democratic Republic of the Congo would violate the obligation of the State party under article 3 of the Convention not to expel or 119