Congo and Switzerland are supposed to be functioning perfectly, which is far from likely given the state of the
postal service in Kinshasa, that can only have come about very recently. He had no news of his family for
months following his arrival in Switzerland precisely because of the communication problems. He eventually
learned through a letter from his mother that she had left Kinshasa some nine months previously to go with his
brothers to Brazzaville, owing to the difficulties she had had in Kinshasa. She informed him that, following
his departure from the country, his father had been arrested, interrogated and beaten in an effort to make him
reveal the author's whereabouts. The letter had remained at his residence in La Chaux-de-Fonds.
5.3
The author did in fact describe in his application for asylum the work he did for the MPR. He had been
responsible for mobilizing people at the airport in connection with all travel undertaken by President Mobutu.
Consequently he was well known, particularly in Kinshasa. That was the reason for his continuing fear that
he would be at risk of recognition and arrest if he returned to the Democratic Republic of the Congo.
5.4
The author contends that the many former employees of President Mobutu who remain in the country
without problems have preserved their freedom through payments and bribery. He states that two compatriots
whom he met in Switzerland, and whose names he supplies, were arrested on their return to the Democratic
Republic of the Congo and imprisoned at Makala.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a 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 considers that there is no reason why it should
not declare the communication admissible. Since 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 expulsion of the author to the Democratic Republic of
the Congo would violate the State party's obligation under article 3 of the Convention not to expel or return a
person to another State where there are substantial grounds for believing that he or she would be in danger of
being subjected to torture.
6.3
The Committee must decide, pursuant to article 3, paragraph 1, whether there are substantial grounds
for believing that the author would be in danger of being subjected to torture if returned to the Democratic
Republic of the Congo. In reaching this decision, it must take into account all relevant considerations, pursuant
to article 3, paragraph 2, including the existence of a consistent pattern of gross, flagrant or mass violations of
human rights. The aim of the determination, however, is to establish whether the individual concerned would
be personally at risk of being subjected to torture. The existence of a consistent pattern of gross, flagrant or
mass violations of human rights in the country does not as such constitute a sufficient ground for determining
that a particular person would be in danger of being subjected to torture upon returning to that country; there
must be other grounds indicating that he or she would be personally at risk. Similarly, the absence of a
consistent pattern of gross violations of human rights does not mean that a person cannot be in danger of torture
in his or her specific circumstances.
6.4
In the present case it must be pointed out that the author has provided neither the Committee nor the
State party with any evidence that he was a member of the MPR or that his family has been persecuted by the
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