CAT/C/44/D/302/2006
6.6
The State party invites the Committee primarily to declare the
communication inadmissible and, secondarily, to reject it on the merits as
groundless.
Complainant’s comments on the State party’s observations on the
merits
7.1
In a letter dated 20 March 2008, the complainant again asserts that his
communication is admissible.
7.2
The complainant notes that the observations of the French
Government do not mention that he appealed against the latest decision of
OFPRA on 3 August 2006 before the National Asylum Court (the new name
of the Refugee Appeals Board) and that a decision on this appeal is
imminent. He adds that on 25 January 2008 he filed a statement of
supplementary grounds of appeal before the National Asylum Court. This
statement presents new documents which only came to the complainant’s
attention in November 2007 and confirm the fears he had already voiced to
OFPRA and the old Refugee Appeals Board regarding a return to his
country. The first document is a summons to appear before the directorategeneral of the prosecution service police for a hearing on 21 July 2007,
which he takes as proof that he continues to be regarded as a threat by the
powers-that-be. The second document is a communiqué dated 8 September
2007 from a Congolese non-governmental organization which shows that he
is still actively sought by the Congolese security services and which carries
alarming news about the situation of several people close to him. According
to this document, a cousin of the complainant, who is accused of being his
accomplice and therefore of carrying out subversive activities, has been
missing since his arrest on 1 September 2007; the family of a friend of the
complainant has been threatened in an effort to make it reveal the address of
the complainant’s wife, who also fled the country in 2004; his mother was
strangled to death by unknown assailants in August 2005; and one of his
cousins was sexually assaulted by unknown assailants in July 2007.
7.3
The complainant claims that attempts are being made to affect him
through the people close to him. The third document is a communiqué dated
6 October 2007 from another Congolese non-governmental organization,
which reports, naming the complainant, on “inadequate security for
politicians, political activists, economic actors and others”, as well as on the
persecution suffered by his relatives, corroborating the information in the
second document. Finally, the fourth document, a newspaper article dated 22
October 2007, repeats the facts set out above. The complainant concludes
from the foregoing that the reality and seriousness of the risks he would run
if returned to his country of origin have been duly established.
7.4
In a further letter dated 9 April 2008, the complainant notes that the
National Asylum Court rejected his appeal of 21 March 2008. The Court
held that neither the evidence nor the statements made before it allowed the
new allegations to be taken as facts or the fears expressed to be considered as
justified. The complainant also attaches a letter from an association that
helped him draft his comments both to the national authorities and to the
Committee, which states that the fears expressed by the claimant appear to be
justified.
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