6. Communication No. 116/1998 Submitted by: N.M. [name deleted] [represented by counsel] Alleged victim: The author State party: Switzerland Date of communication: 10 July 1998 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 9 May 2000, Having concluded its consideration of communication No. 116/1998, submitted to the Committee against Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the author of the communication and the State party, Adopts the following decision: 1.1 The author of the communication is Mr. N.M., a citizen of the Democratic Republic of the Congo (DRC) born on 10 January 1968 and currently residing in Switzerland, where he applied for asylum on 1 December 1997. His application having been turned down, he maintains that his forcible repatriation to the DRC would constitute a violation by Switzerland of article 3 of the Convention against Torture. He is represented by counsel. 1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted the communication to the State party on 23 September 1998. At the same time, the State party was requested, pursuant to rule 108, paragraph 9, of the Committee's rules of procedure, not to expel the author to the DRC while his communication was under consideration by the Committee. In a submission dated 23 November 1998, the State party informed the Committee that steps had been taken to ensure that the author was not returned to the DRC while his case was pending before the Committee. The facts as submitted by the author 2.1 The author claims he worked in Kinshasa between 1992 and 1997 as an employee of a company called Hyochade, belonging to Mr. Kongolo Mobutu, the son of former President Mobutu. According to the author, this company was a cover for plundering the wealth of the country in various ways, such as extorting money from foreign businessmen or organizing demonstrations that required State authorization. It paid no taxes and 115