CAT/C/44/D/302/2006
allegedly supporters of President Kabila. He also claims that his wife was
raped in front of her children because of his role in, and support for, the
Mobutu regime and that he has now been accused of working with the
Mouvement de Libération du Congo of Jean-Pierre Bemba and Honoré
Ngbanda. He claims that the authorities of the Democratic Republic of the
Congo have launched an intensive search for him.
2.2
It appears from the copies of decisions attached to the complaint that
the complainant applied for asylum in France on 17 September 2002. On 12
September 2003, the French Office for the Protection of Refugees and
Stateless Persons (OFPRA) rejected his application, a decision confirmed on
14 May 2004 by the Refugee Appeals Board (CRR). On 16 September 2004,
the complainant submitted his first request for a review of his application for
asylum. OFPRA rejected this request on 17 September 2004 and the Board
confirmed this decision on 18 April 2005. On 3 September 2005, the
complainant was given notice to leave the territory. On 25 March 2006, he
was given a residence permit denying him the right to work and was again
given notice to leave the territory. The complainant submitted a second
request to OFPRA for a review of his asylum application, but this request
was rejected as groundless on 10 July 2006, after consideration under a fasttrack procedure. He received a deportation order dated 8 August 2006 and
lodged an appeal against this decision on 21 August 2006 before the
administrative court of Orléans. The latter dismissed his appeal on 25 August
2006 and the complainant appealed this ruling to the administrative court of
appeal of Nantes. As the appeal did not stay the judgement, the complainant
argues that a negative decision could be handed down at any time.
2.3
The complainant attaches a copy of two medical certificates to his
complaint. He also attaches two “wanted notices”, indicating that he is
wanted for “subversion and rebellious organization” and for “endangering
internal security”, and other supposedly official documents showing that the
authorities have been informed of his imminent deportation and have orders
to arrest him. The complaint is also accompanied by a handwritten document
purporting to be a deposition by someone in the Democratic Republic of the
Congo who knows the complainant; this person claims not to know what has
happened to him since the authorities began looking for him. The
complainant also attaches a copy of a letter dated 22 May 2006 from his
uncle to the United Nations Human Rights Office in the Democratic
Republic of the Congo, asking for information on the whereabouts of his
nephew, who according to him disappeared after being beaten by armed men.
His uncle died in July 2006; the complainant claims he was killed by armed
men.
The complaint
3.
The complainant says he fears for his life if he is returned to the
Democratic Republic of the Congo. He claims that his removal would
constitute a violation of article 3 of the Convention by the State party.
State party’s observations on admissibility
4.1
In a note verbale of 3 August 2007, the State party challenges the
admissibility of the complaint. It sets out to demonstrate that the
communication is inadmissible under article 22, paragraph 2, of the
3