current regime in Kinshasa. The Committee does not find his explanations for the absence of such evidence
convincing. Nor has the author provided evidence of the alleged persecution to which former, in particular
junior, members of the MPR are supposedly subject at present owing to their support for the country's former
president and active backing for the opposition to the regime currently in power.
6.5
The Committee is concerned at the many reports of human rights violations, including the use of
torture, in the Democratic Republic of the Congo, but recalls that for the purposes of article 3 of the Convention
the individual concerned must face a foreseeable, real and personal risk of being tortured in the country to
which he or she is returned. In the light of the foregoing, the Committee deems that such a risk has not been
established.
7.
The Committee against Torture, acting under article 22, paragraph 7 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the decision of the State party
to return the author to the Democratic Republic of the Congo does not constitute a breach of article 3 of the
Convention.
[Done in English, French, Russian and Spanish, the French text being the original version.]
8. Communication No. 126/1999
Submitted by:
H.A.D. [name deleted]
[represented by counsel]
Alleged victim:
The author
State party:
Switzerland
Date of communication:
21 January 1999
The Committee against Torture, established under article 17 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 10 May 2000,
Having concluded its consideration of communication No. 126/1999, 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:
125
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