7. Communication No. 118/1998 Submitted by: K.T. (name withheld) [represented by counsel] Alleged victim: The author State party: Switzerland Date of communication: 30 September 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 19 November 1999, Having concluded its consideration of communication No. 118/1998, 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 K.T., a citizen of the Democratic Republic of the Congo born in 1969 and currently residing in Switzerland, where he is seeking asylum and is at risk of deportation. He maintains that sending him back to the Democratic Republic of the Congo would constitute a violation by Switzerland of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel. 1.2 In accordance with article 22, paragraph 3, of the Convention the Committee brought the communication to the attention of the State party on 20 October 1998. Facts as submitted by the author 2.1 The author states that he was a member of the People's Revolution Movement (MPR) from 1992. He was working on behalf of former President Mobutu and promoting Mobutu's interests. He received money from the MPR and had no other occupation. On 10 May 1997, six soldiers loyal to Laurent-Désiré Kabila questioned him and sacked his house. The author hid for four days at the home of his superior in the MPR before leaving the country on 14 May 1997 using a false passport. 2.2 The author entered Switzerland illegally on 5 June 1997 and the same day applied for asylum at the Geneva Registration Centre. By decision of 13 August 1997, the Federal Refugee Office (ODR) rejected the application and gave the author until 30 September 1997 to leave Switzerland. An appeal against that decision 121