CAT/C/45/D/344/2008 establish the individual responsibility of the perpetrators of acts of torture and cruel, inhuman or degrading treatment, in particular following the April 2005 elections, which contributes to the climate of impunity prevailing in Togo”, while taking note of the report of the national independent commission of inquiry (CNSEI). The complainant contends that the Togolese authorities appear to wish to forget about the abuses committed by law enforcement personnel during the 2005 elections, ignoring the victims of the many violations of human rights. According to a report on Togo issued on 11 March 2008 by the Bureau of Democracy, Human Rights, and Labor in the United States Department of State, serious problems continue in the field of violation of human rights, even though the situation has improved. 3.4 Under article 22, the complainant submits that the purpose of proceedings before the Committee against Torture and the granting of interim protection measures is to suspend the removal procedure pending the Committee’s decision on the merits. However, the emergency assistance procedure could be regarded as a coercive procedure designed to make a continued stay in Switzerland less attractive and break the morale of unwanted aliens considered to be residing illegally in Switzerland, causing them to take the necessary steps to leave the country or go into hiding. State party’s observations on the merits 4.1 On 9 December 2008, the State party submitted its observations on the merits of the complaint. Briefly recalling the facts as presented by the complainant, the State party contends that he has not provided the Committee with any new evidence. On the contrary, the complainant first contests the domestic authorities’ assessment of the facts and then gives a general description of the human rights situation in Togo. Lastly, he makes his own assessment of the facts in order to claim that he would be exposed to a real, personal and immediate risk of being tortured in the event of his removal to Togo. 4.2 Recalling the provisions of article 3 of the Convention, the State party refers to the case law of the Committee and its general comment No. 1, of which paragraph 6 and subsequent paragraphs stipulate that the complainant must prove that there is for him a personal, actual and serious risk of being subjected to torture if he is deported to his country of origin. The State party notes that this provision means that the facts alleged must go beyond mere suspicion and that they must demonstrate a serious risk. Comparing the elements to be considered when assessing risk with the complainant’s situation, the State party states that he has never been involved in political activities and that his religious activities were limited to membership of a prayer group, which did not get him into any trouble. As the complainant has also not made any allegations of torture, the State party has limited its observations to paragraphs 8 (a), (d) and (g) of the general comment. 4.3 The State party states that the events the complainant claims he witnessed on 27 February 2005 were related to the April 2005 presidential elections, which were accompanied by violence. According to the State party, the situation in Togo has improved considerably since the complainant left the country. In August 2006, the five main opposition parties signed a Global Political Accord with the ruling party, the Rassemblement du peuple togolais (RPT), establishing a government of national unity. This led to the appointment of a long-standing member of the opposition to the post of prime minister, the establishment of a government that included opposition parties, and the formation of the Independent National Electoral Commission, in which the Union des Forces de Changement (UFC) was represented, although it remained in the opposition. The State party adds that a tripartite agreement between Togo, Ghana and Benin was concluded in April 2006 under the auspices of the United Nations High Commissioner for Refugees. In this agreement, the Togolese Government undertook to take the necessary measures to ensure that refugees could return to their homes in secure and dignified conditions. In June GE.10-46944 5