CAT/C/66/D/820/2017
independent evidence supporting these claims; (c) engagement by the complainant in
political activities within or outside the State concerned; and (d) evidence as to the
complainant’s credibility.
4.6
The State party submits that the complainant is not in a position to provide evidence
of a consistent pattern of gross, flagrant or mass violations of human rights in Togo and that
she has been unable to demonstrate that she would be at a personal risk of being subjected
to torture in that country. 3 The State party further submits that the existence of a pattern of
human rights violations, as defined in article 3 (2) of the Convention, does not constitute
sufficient grounds to find that a person would be at risk of torture on return to his or her
country of origin and that the risk of torture must be assessed on grounds that go beyond
mere theory or suspicion. The State party submits that Togo is not currently displaying a
consistent pattern of gross, flagrant or mass violations of human rights and that the political
situation in Togo therefore does not preclude the complainant’s return to that country. 4
Moreover, the general human rights situation is not in itself sufficient to make the
complainant’s return incompatible with article 3 of the Convention. The State party submits
that the complainant has failed to make a convincing argument that she would face
treatment prohibited under article 3 if she were returned to Togo.
4.7
The State party submits that the complainant has not claimed to have been subjected
to torture or ill-treatment in the recent past or provided independent evidence supporting
such a claim. The complainant has stated that the father of her child has been subjected to
inhuman and degrading treatment; however, she did not claim to have suffered such
treatment herself. The State party emphasizes that, while the complainant stated that she
had been arrested and detained for eight days at a military encampment in June 2012, she
did not claim, either in the complaint or during the hearings before the national authorities,
to have been subjected to treatment prohibited under the Convention or to have had
problems with the authorities aside from her arrest in 2012.
4.8
The State party submits that the complainant has failed to provide evidence of any
engagement in political activities, either inside or outside her country of origin, that might
bear out the claim that she would face a risk of torture upon return. In support of her claims,
the complainant submitted four photographs of herself at a political rally in Togo on 19
March 2011, her voter registration card, two summonses dated 1 and 15 April 2016 issued
by the lower court of Lomé, and the State prosecutor’s complaint. In addition, the State
party notes that the State Secretariat for Migration ruled on the claims during its
consideration of the complainant’s asylum application,5 and her request for review, 6 noting,
in its decision of 7 March 2016, the lack of credibility of the complainant’s claims
concerning her arrest at the protest of 12 June 2012, her detention and her escape.
4.9
The State party further submits that the complainant’s appearance in four
photographs, in which she is seen wearing an Alliance nationale pour le changement T-shirt,
at a rally that reportedly took place on 19 March 2011, cannot serve to establish that she
participated in the protest of 12 June 2012, after which she was allegedly arrested. The
State party argues that the complainant has not provided any information likely to
invalidate the findings of the State Secretariat for Migration. It considers that there is
nothing in the applicant’s file to indicate that she is a high-profile member of the Alliance
nationale pour le changement and that, to the best of the State Secretariat for Migration’s
knowledge, activists and ordinary members of that party are not persecuted.
4.10 According to the State party, the decisions of the Swiss asylum authorities make it
clear that the complainant’s claims are not credible and that her statements do not in any
way suggest that there are substantial grounds for believing that she would be subject to
torture if she were to return to her country of origin. The complainant failed to provide any
factual information to the State Secretariat for Migration regarding the circumstances of her
arrest in Togo in June 2012, such as basic information on the two people in plain clothes
3
4
5
6
4
K.N. v. Switzerland (CAT/C/20/D/94/1997), para. 10.2.
Decision of the State Secretariat for Migration dated 7 March 2016, p. 5.
See the decision of the State Secretariat for Migration dated 7 March 2016.
See the decision of the State Secretariat for Migration dated 28 September 2016; see also the
judgment of the Federal Administrative Court dated 2 November 2016.
GE.19-12298