CAT/C/59/D/697/2015 The complaint 3.1 The complainant points out that the decision of the Swiss authorities to deport him to Belgium rests on a mere presumption that the common European asylum system is based on the principle of mutual trust, according to which all member States are presumed to observe fundamental rights. However, according to the complainant, there are exceptions to this principle and, notwithstanding such a presumption, the State party was under an obligation to conduct an individual assessment of his case and the risk he faced, which it failed to do. He adds that the fact that his appeal to the Federal Administrative Court was considered by three judges shows that it was manifestly well founded, within the meaning of article 111 (e) of the Asylum Act, and that the first judge certainly found it difficult to persuade his colleagues otherwise. 3.2 The complainant maintains that there are significant factors that weigh against his deportation to Belgium. He points out that an international arrest warrant has been issued for him through INTERPOL at the request of the Rwandan authorities, who believe that the complainant is in Belgium. The complainant recalls the close historical ties that exist between Belgium and Rwanda and refers to his personal fear of being subjected to treatment contrary to the Convention in Belgium, not because of a systematic violation by Belgium of its international commitments but for reasons relating to the complainant’s personal profile. The complainant refers to cases of genocide suspects living in Belgium. He cites the case of Juvénal Uwilingiyimana, a former minister for commerce in Rwanda, who was killed in Brussels in 2008, and the case of Regina Uwamaliya, who was also killed in Brussels in 2000. The complainant also refers to a news report published on 6 August 2015 and entitled “Des escadrons de la mort venus du Rwanda actifs en Belgique?” (Are death squads from Rwanda operating in Belgium?), according to which the Belgian security service had provided temporary or permanent protection for several individuals, including Faustin Twagiramungu, the former Rwandan Prime Minister, a possible target of death threats in May 2014.2 3.3 The complainant affirms that Rwanda is able to carry out secret missions on Belgian soil. He further states that, by abandoning his diplomatic post, he committed high treason, an offence punishable by hanging in Rwanda. 3.4 Apart from his fear for his safety at the hands of the Rwandan authorities, the complainant is concerned that he will be at risk of revenge attacks by former political opponents living in Belgium who are genocide suspects. As a member of the Government of Rwanda, the complainant helped file a number of complaints so that the Belgian authorities could prosecute persons suspected of participating in the Rwandan genocide. The two main parties in exile, the Forces démocratiques unifies (Unified Democratic Forces) and the Congrès national rwandais (Rwanda National Congress), are based mainly in Belgium and South Africa. The complainant therefore claims that, should he be forcibly returned to Belgium, he would be at risk of reprisals by those persons, who would imperil his safety and that of his family. In Belgium, he would have to remain constantly vigilant in his daily life, refrain from going to supermarkets, cafes and restaurants and from using public transport, while his children would be unable to attend school. He states that the Belgian police are unable to ensure his safety or that of his family, since they generally intervene only after an offence has been committed. 3.5 The complainant adds that, since his arrival in Switzerland, he has contacted his friends the Belgian ambassadors to Ethiopia and Rwanda, with whom he had developed ties and thanks to whose help his family had been able to obtain Belgian visas easily. However, both ambassadors informed him that he should no longer count on their support. For this 2 GE.17-01261 https://www.rtbf.be/info/monde/afrique/detail_des-escadrons-de-la-mort-venus-du-rwanda-actifs-enbelgique?id=9048522. 3