CAT/C/62/D/710/2015
Convention, of free assessment of the facts based upon the full set of circumstances in
every case.25
10.4 The Committee notes that the complainant claims that he became an active member
of JEM while he was studying at university in the Sudan; that in 2005 he was detained and
tortured for three days by the Government of the Sudan; and that he was arrested again at
his home in 2008 and detained for three weeks by the authorities, who asked him to provide
information on JEM.
10.5 In that regard, the Committee notes that the State party considers that the author has
not provided any explanation of the circumstances of his detention in the Sudan in 2005 and
2008 and has failed to produce any evidence to support his allegations that he was tortured
in detention. While the Committee notes the complainant’s argument that he had submitted
to the State Secretariat for Migration sufficient details of his detention in 2005 and 2008
and his political activities in the Sudan, the Committee observes that the State party’s
authorities considered these statements to be vague, general and undermined by major
inconsistencies. The Committee notes that, as a result, the State party’s authorities
concluded that the statements were not credible.
10.6 It also notes that the State party’s authorities emphasized that the author had not
provided any explanation of why he had lied about his citizenship during his first asylum
procedure. In this connection, the Committee notes the complainant’s explanations that he
gave a false nationality during his first asylum application for fear of persecution by the
Sudanese authorities on account of his political activities prior to his departure from the
Sudan, and that he had been poorly advised by a trafficker who said that he would be more
likely to be recognized as a refugee in the State party if he said he was Eritrean. However,
the Committee notes that the State party considers that the fact that the complainant misled
the national authorities is an additional indication that undermines the credibility of his
claims of torture.
10.7 With regard to the complainant’s political activities in Switzerland, the Committee
notes the complainant’s arguments that, since his arrival in the State party, he had
continued his political activities for JEM, participating in conferences and meetings of the
Sudanese opposition, including a meeting organized by Geneva Call, and that he had been
appointed personal secretary to the President of JEM-Switzerland on account of his
activism. It also notes that the complainant was photographed during these events together
with members of JEM.
10.8 The Committee also notes that the State party’s authorities considered the
complainant’s accounts of his political activities in Switzerland to be vague, general and in
keeping with those of an ordinary member of JEM-Switzerland, being mainly limited to the
activities of an observer and photographer at meetings, including his passive participation
in the 2013 meeting of Geneva Call. The Committee notes that the State party considers
that, based on his political activities in Switzerland and his low political profile, there is
insufficient evidence to conclude that he is at risk of suffering treatment that would violate
the Convention if he were to be returned to the Sudan. According to the State party, the
complainant’s activities are in keeping with those of an ordinary member of JEMSwitzerland and his situation is clearly different from that in the judgment of the European
Court of Human Rights in the case of A.A. v. Switzerland, which describes a much more
public political profile that grew in importance over the years. The Committee notes the
State party’s explanations to the effect that its national authorities took account of that
judgment and the risk profiles referred to in previous decisions but concluded that the
complainant does not have a particular political profile that would make him likely to be a
target for persecution by the Sudanese authorities.
10.9 In that regard, the Committee considers that the complainant has failed to
demonstrate convincingly that his political activities would attract the interest of the
Sudanese authorities or that the authorities in his home country are looking for him and that
he would face a personal risk of being tortured if returned to the Sudan. The Committee
notes that Gibril Ibrahim Mohamed’s letter of 11 October 2017 was submitted by the
25
12
See, inter alia, Alp v. Denmark (CAT/C/52/D/466/2011), para. 8.3.
GE.18-01489