CAT/C/48/D/382/2009
the asylum procedure. He maintains that the purpose of his communication has not been to
review the decisions of the Swiss authorities but to seek justice. He also opposes the
allegations of contradictions and inconsistencies by the State party, which are not
substantial in his view. He makes a reference to the traumatizing events he went through,
including the departure from his country and the questioning by unknown officials of a
foreign country. He further stated that it was not easy to provide an identical account of
events during the first and second hearings by the asylum authorities. Disputing the State
party’s consideration of the medical certificate as unreliable, the complainant suggests that
the Committee contact the dentist to verify the reasons for treatment.
5.2
In addition, the complainant contests the State party’s consideration of the arrest
warrant as forgery and considers such claims to be inaccurate and misleading. While
conceding the practice of manipulation with the official documents in the Democratic
Republic of the Congo, he opposes the State party’s challenge to the authenticity of the
arrest warrant. He suggests that the best way to refute any doubts would be to seek further
clarifications from the security authorities of the Democratic Republic of the Congo
through the Swiss Embassy.
5.3
The complainant recalls that he was a vigilant member of MLC and played an active
role during the electoral campaign in 2006. According to the complainant, the documents
proving his affiliation to MLC were seized during his arrest as explained to the Swiss
authorities in the context of asylum procedure. As regards the structure of MLC, the
complainant argues that he answered all the questions to the best of his knowledge and
draws attention to the records of the asylum procedure hearings. Concerning the
inconsistencies surrounding the events subsequent to his beating, the complainant states
that he regained consciousness in Kimbanseke without knowing the circumstances of how
he got there. For the rest of the queries, he refers to the records of the hearings.
5.4
Finally, the complainant contends that the above explanations and circumstances of
his case fall within the scope of the general comment No. 1 of the Committee and reasserts
that he is afraid of returning to the country as the majority of persons arrested in connection
with the events of 22 and 23 March 2007 have remained in detention without conviction or
due process.
Issues and proceedings before the Committee
6.
Before considering any claim contained in a complaint, 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 further notes that
domestic remedies have been exhausted and that the State party does not contest
admissibility. Accordingly, the Committee finds the complaint admissible and proceeds to
its consideration on the merits.
7.1
The issue before the Committee is whether the removal of the complainant 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.
7.2
In assessing whether there are substantial grounds for believing that the complainant
would be in danger of being subjected to torture if returned to the Democratic Republic of
the Congo, the Committee must take account of all relevant considerations, including the
existence of a consistent pattern of gross, flagrant or mass violations of human rights.
However, the aim of such analysis is to determine whether the complainant runs a personal
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