was lodged with the Swiss Commission of Appeal in Refugee Matters (CRA). That appeal was dismissed on 6 August 1998 and a new deadline of 15 October 1998 was set for the author to leave Switzerland. The complaint 3.1 The author contends that, if sent back to the Democratic Republic of the Congo, he risks being arrested, tortured and even killed by the army or the population, owing to his involvement with the MPR and the fact that President Kabila is currently hunting down all supporters of the former Government. The press and Amnesty International have reported instances of torture and massacres committed by soldiers of the Alliance of Democratic Liberation Forces (AFDL). It is thus a certainty that former supporters of Mobutu are not safe in the Democratic Republic of the Congo. The State party's observations on the admissibility and merits of the communication 4.1 By letter of 17 December 1998, the State party informed the Committee that it did not contest the admissibility of the communication. By letter of 6 April 1999 it submitted its observations on the merits. 4.2 The State party argues that the CRA did not consider, in its decision of 6 August 1998, that the risk of future persecution alleged by the author conformed with the facts. Firstly, it had not been established that the author had been a member of the MPR, as he had not produced a membership card. Moreover, assuming that he had been a member of that party, it would only have been in a minor role, as he himself had emphasized at his second hearing. That being so, it was somewhat difficult to understand why Kabila's soldiers should have felt the need to question him on the MPR's activities rather than its senior members. Lastly, the CRA had found the author's statements concerning the events of 10 May 1997 to be unconvincing. It was known that the advance guard of the AFDL did not enter the capital until 17 May 1997. The six soldiers in question could thus only have belonged to the regime still in place on that date. Therefore, insofar as it could be accepted that the event actually took place, any fear of persecution would have disappeared with the coming to power of the AFDL, Mobutu's armed forces having been disbanded in the meantime. 4.3 The State party fully endorses the CRA reasoning concerning the lack of credibility of the author's allegations. It also regards the author's statements as far from sufficient to permit the conclusion that there are serious grounds for believing, within the meaning of article 3, paragraph 1, of the Convention, that the author would be exposed to the risk of torture if the decision to return him was implemented. Finally, it submits additional observations based on article 3, paragraph 2, of the Convention. 4.4 In his communication, the author expresses his fear of being persecuted by the army or the population because of his involvement with the MPR. Fears of persecution by the population are not included among the relevant considerations to be taken into account by the Committee under article 3, paragraph 2, of the Convention. Under the above-cited article 3, paragraph 1, only persecution originating from the army, where accepted, may be recognized as relevant. 4.5 The author never claimed that he had been arrested or tortured in the past. Only on 10 May 1997 did he apparently find himself in trouble, for the first and only time, when Kabila's soldiers allegedly came to his home and questioned him. Yet, as the CRA mentions in its decision, there is no serious evidence that might lead one to think that such an event ever actually took place. Firstly, considering the minor nature of the duties which the author says he carried out for the MPR, it is hard to see what reason the AFDL soldiers might have for taking an interest in him rather than in the party's political leaders, who were certainly better informed than he on the subject of the MPR's financial resources. Secondly, on the date given by the author the AFDL troops 122