CAT/C/66/D/820/2017 who arrested her, the police car in which she was taken to the military encampment or her place of detention. 4.11 The State party notes that the complainant mentioned several new points that she had not raised at her first hearing, including the account of the search conducted of her home. Furthermore, she contradicted herself with regard to her identification documents, which she initially claimed to have lost but then said that she had left at home. Other details about her flight from the country following her detention, with the help of a soldier who allegedly showed her how to reach Ghana on her own, suggest that her statements in this regard are neither founded nor credible. The State Secretariat for Migration and the Federal Administrative Court did not attach probative value to the documents produced by the complainant. The State party also points out that she claimed to have been summoned by a court in Lomé in 2016, shortly after her asylum application in Switzerland was rejected, in connection with events that took place in 2012. The State party also points out that the complainant bases her risk of persecution on the alleged persecution of her child’s father, even though the document issued by the prosecutor in Lomé refers to her. Moreover, the State party stresses that, during the asylum procedure, the complainant stated that she was unmarried and had never lived with her child’s father. It is therefore difficult to understand why he would be persecuted on her account. 4.12 The State party emphasizes that the Swiss authorities had good reason to find that the documents that had been submitted to them could not be considered sufficient to support the complainant’s claims. The State party affirms that it therefore stands by the findings of the State Secretariat for Migration and the Federal Administrative Court and concludes that there is nothing concrete to lend credence to the claim that the complainant would be exposed to a foreseeable, personal and real risk of being subjected to torture, within the meaning of article 3 of the Convention, if she were returned to Togo. Complainant’s comments on the State party’s observations 5.1 On 13 December 2017, the complainant submitted her comments on the State party’s observations. 5.2 Regarding the admissibility of the complaint, the complainant is of the view that she did lodge an appeal with the Federal Administrative Court, which is the highest court in matters of asylum. This Court found her appeal inadmissible because it was not submitted within the deadline. Nevertheless, the complainant believes that she has exhausted domestic remedies and that it is precisely as a consequence of this procedure that the State party ordered her removal to Togo. She adds that the late application for a domestic remedy in no way authorizes the State party to breach its obligations under article 3 of the Convention. 5.3 With regard to the merits of the case, the complainant stands by all the elements presented in her initial submission. She points out that, on the one hand, the State party claims that domestic remedies have not been exhausted, but, on the other, suggests that the complaint should be dismissed because the first authority to rule on the asylum application had already established the facts of the case. The complainant notes that the State party has not challenged the evidence that she has submitted. She contends that, in the light of the current situation in Togo, returning an activist of her stature to that country would constitute a violation by the State party of its international commitments under article 3 of the Convention. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any complaint submitted in a communication, the Committee must decide whether it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22 (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. GE.19-12298 5