A/66/44 110. Complaint No. 369/2008 (E.C.B. v. Switzerland) was submitted by a national of the Congo, who claimed that his deportation to his country or origin or to Côte d’Ivoire would constitute a breach of article 3 of the Convention, considering that he was an opponent to the regime of Denis Sassou-Nguesso and that, as a refugee in Côte d’Ivoire, he became a target for the forces of Laurent Gbagbo due to his political activities. Having considered the arguments submitted by both parties, the Committee concluded that the complainant had not provided evidence of a real, present and foreseeable risk of torture. He did not sufficiently substantiate that his active role in a political party or his political activities in the Congo, Côte d’Ivoire or Switzerland would place him in danger of persecution. The Committee considered that the complainant’s deportation to the Congo or to Côte d’Ivoire would not constitute a breach of article 3 of the Convention. 111. Complaint No. 375/2009 (T.D. v. Switzerland) concerned an Ethiopian citizen claiming that his deportation to Ethiopia would constitute a violation of article 3 of the Convention. He claimed that his political activities since he arrived in the State party, particularly his political activities in Kinijit/Coalition for Unity and Democracy (CUDP), for which he was a representative of the canton of Zurich, put him at risk in case he were to be deported to Ethiopia. After examining the claims submitted by the complainant, as well as the arguments of the State party, the Committee considered that simply holding this political position within the Zurich branch of CUDP did not mean that he would be considered a threat to the Government of Ethiopia. Furthermore, since the complainant did not provide any elements supporting the allegation that the events preceding his departure from Ethiopia would put him at risk of being torture upon return, the Committee concluded that to return him to the country of origin would not constitute a violation of article 3 of the Convention. 112. In complaint No. 379/2009 (Bakatu-Bia v. Sweden), the complainant claimed that she would be imprisoned and tortured if returned to the Democratic Republic of the Congo, in violation of article 3 of the Convention, since she had been arrested and, while in detention, had been subjected to torture, beatings and multiple rape due to her religious and political activities within a parish with a politically active pastor who was a strong opponent of the regime. The Committee noted the claims and evidence submitted by the complainant and the arguments of the State party, as well as the recent reports by seven United Nations experts and by the United Nations High Commissioner for Human Rights on the human rights situation in the Democratic Republic of the Congo and, in the light of the information before it, considered that it was impossible to identify particular areas of the country which could be considered safe for the complainant. The Committee, after having taken into account all the factors relevant for its assessment under article 3 of the Convention, and considering that the complainant’s account of events was consistent with the Committee’s knowledge about the present human rights situation in the Democratic Republic of the Congo, concluded that substantial grounds existed for believing that the complainant was at risk of being subjected to torture if returned to the Democratic Republic of the Congo. Therefore, the Committee found a violation of article 3 of the Convention in this complaint. 113. In complaint No. 419/2010 (Ktiti v. Morocco), the complainant, a French national, alleged that if extradited to Algeria, he would be detained and tortured, in violation of article 3 of the Convention. The Committee took note of the complainant’s allegations that both the international arrest warrant for him issued by the Algerian judiciary, and his sentencing in absentia to life imprisonment, were based on the statements of a man who was caught at the crime scene in the same case and who depicted the complainant as the leader of the drug-trafficking ring dismantled by the Algerian police. The Committee also took note of the complainant’s allegation that the man’s confessions were obtained under torture, the visible signs of which were confirmed by that man’s brother himself. The Committee noted that the State party did not contest those facts. In the light of the GE.11-45568 157

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