CAT/C/62/D/710/2015
the complainant had paid the fee for the procedure, the judge could have ruled on his
application for review but that, in the absence of such a payment, the application must be
considered inadmissible. The Committee has noted the complainant’s argument that he is
experiencing financial hardship because he is not permitted to work and that he was
consequently unable to pay the fee for the review procedure. The Committee considered
that, given the complainant’s personal circumstances, it was unfair to oblige him to pay the
sum of 1,200 Swiss francs in order for his last application for review to be admissible. This
view is based on the fact that the complainant was not authorized to work within the State
party’s territory and that the assistance that he receives amounts to only 5 Swiss francs per
day. It therefore seemed unreasonable to deny the complainant the possibility of applying
for a review of his case on financial grounds considering his difficult financial
circumstances.12 An appeal by the applicant to the Federal Administrative Court against the
decision of the State Secretariat for Migration could not therefore be considered accessible
in the circumstances. The Committee has therefore concluded that the argument that the
complaint is inadmissible for failure to exhaust domestic remedies did not stand in the
present case and that it is not precluded from considering the communication under article
22 (5) (b) of the Convention.
6.3
With reference to article 22 (4) of the Convention and rule 113 of the Committee’s
rules of procedure, the Committee has found no other obstacle to the admissibility of the
complaint.
State party’s observations on the merits
7.1
On 21 December 2016, the State party submitted observations on the merits of the
communication. It explains that, in his first asylum application, the complainant had
indicated that he was of Eritrean nationality, had lived in the Sudan from the age of 5 and
feared persecution in Eritrea because of the political activities of his father, who had died in
1989. The Federal Administrative Court and the State Secretariat for Migration considered
these assertions not credible in light of the clear contradictions and gaps in his account. The
complainant used forged official documents in the procedure.
7.2
With regard to the second and third asylum applications, the State party maintains
that the complainant declared himself to be of Sudanese nationality and mentioned the
activities set out in his communication to the Committee. The State party explains that,
even though the complainant mentioned during his hearing the detention and ill-treatment
he is alleged to have suffered in the Sudan, his account was vague and general. As for the
description of the political situation in the Sudan, the complainant did not manage to
establish a link between it and his personal circumstances. The State Secretariat for
Migration noted that the complainant was not able to specify clearly what his political
activities in Switzerland were. It also noted contradictions in respect of the conditions in
which he had been released.
7.3
The State party submits that the complainant does not present any new evidence in
his communication to the Committee. The State party explains that the evidence presented
to the Committee is essentially the same as that which the complainant submitted to the
domestic authorities, with the letter from JEM-Switzerland updated and the photograph
taken in Geneva replaced by another.
7.4
With regard to the human rights situation in the Sudan, the State party maintains that
the country does not currently have any generalized violence, except in Darfur, where there
is civil war, and Southern Kordofan and Blue Nile states, where there is armed conflict. 13
The State party notes that, as he was born in Omdurman near Khartoum, the complainant
does not come from one of the regions in conflict.
7.5
The State party explains that, in its judgment A.A. v. Switzerland, the European
Court of Human Rights noted, on the basis of various reports, that the security and human
rights situation in the Sudan was alarming and had deteriorated in the months before the
judgment. Nevertheless, the Court recalled that, in general, even in such situations, a
12
13
6
See C.M. v. Switzerland, (CAT/C/44/D/355/2008), para. 9.2.
Amnesty International, The State of the World’s Human Rights 2015/16.
GE.18-01489