CAT/C/12/D/13/1993 page 4 2.5 On 6 March 1992, the author appealed the decision. On 10 August 1992, the decision to expel him was stayed, but on 2 June 1993, the Commission of Appeal in Refugee Matters (Commission suisse de recours en matière d’asile) dismissed the author’s appeal. On 24 June 1993, the author was informed that he had to leave Switzerland before 15 September 1993, failing which he would be subject to expulsion. The author’s request for a review of the decision, on the ground that the authorities had not sufficiently taken into account essential documents, such as a report of Amnesty International and medical reports, was dismissed on 13 September 1993. On 17 September 1993, the author received permission to stay in Switzerland until 17 October 1993. The complaint 3.1 The author claims that a real risk exists that he would be subjected to torture or that his security would be endangered, if he were to be returned to his country. It is submitted that evidence exists that there is a consistent pattern of gross and massive violations of human rights in Zaire, which, according to article 3, paragraph 2, of the Convention against Torture, are circumstances which a State party should take into account when deciding on expulsion. The author contends that on this basis alone the Swiss authorities should refrain from expelling him. 3.2 In a letter to counsel, dated 3 November 1993, Amnesty International supports the author’s arguments that he would be exposed to a risk of torture upon return to Zaire. It considers the author’s story credible and emphasizes that the general situation in Zaire is one of violence and repression. AI submits in particular that hundreds of soldiers, suspected of sympathizing with the opposition to the rule of President Mobuto, have been arrested and many of them are detained in secret places. In AI’s opinion, members of the opposition are subject to repression and the simple fact of seeking recognition as a refugee is seen as a subversive act. 3.3 Since the author could be expelled any moment, he asked the Committee to request Switzerland to take interim measures of protection and not to expel him while his communication is under consideration by the Committee. Issues and proceedings before the Committee 4. During its eleventh session, on 18 November 1993, the Committee decided to solicit from the State party clarifications or observations as to the admissibility of the communication, and, in the specific circumstances of the case, to request the State party, under rule 108, paragraph 9, not to expel the author while his communication was under consideration by the Committee. The State party was also invited to submit explanations or statements as to the merits of the communication, in case it had no objections to its admissibility. 5. On 18 February 1994, the State party informed the Committee that it would comply with the Committee’s request not to expel the author and that it would not contest the admissibility of the communication, since the author had exhausted all available domestic remedies.