CAT/C/48/D/343/2008 country, he said that some of them spoke French. Eventually, he said that most of them spoke French. Regarding the fact that he had kept 20 or 40 dollars on his person, he first said that he had kept the money in his socks. When confronted with his previous statement that he had been barefoot, he said that he had hidden the money in his trousers, where it had not been found. For the State party, these statements are not credible in view of his allegations that he was repeatedly abused. As to the manner in which he regained his freedom, he claimed in his written statements that a guard who knew his grandfather had set him free during the night. However, in a letter that, according to him, was written by his lawyer, it is stated that the release was the result of the intervention of a public prosecutor and a senior military judge. Lastly, in his PRRA application, he claimed to have been detained in the Democratic Republic of the Congo until his departure for Canada in January 2003. However, during his interview, he claimed to have stayed in Zambia for several months before travelling to Canada. 6.5 In his asylum application of February 2003, the applicant does not mention having been tortured in the Democratic Republic of the Congo. According to the State party, it is improbable that the complainant would have omitted to refer to the torture in his asylum application if he really had been tortured. Psychological stress cannot explain such behaviour. 6.6 Further information provided by the complainant to the Canadian authorities has proved to be contradictory. For example, as regards his family name and his date of birth, he gave a false name in his asylum application of 2003; he stated different dates of first arrival in Canada; he tried to enter the United States using false documents and denied that he had previously requested asylum in Canada; and he told the PRRA officer in December 2007 that his father had not returned to the Democratic Republic of the Congo for a long time, although the latter had just come back from a 20-month stay in the country. 6.7 The State party reiterates its comments concerning the medical certificate submitted by the complainant. This certificate, which is based on the complainant’s account, states that he seems to be suffering from aspects of post-traumatic stress disorder. The State party also argues that the PRRA officer was right not to attach weight to the affidavits submitted in support of the complainant, since they either came from persons who were biased or contained inaccuracies. 6.8 The complainant has never participated in activities that could give rise to a risk of being subjected to torture. He is not a member of any political organization and has not shown that his criminal record in the United States or his deportation itself could constitute a risk. His parents have reportedly spent time in the Democratic Republic of the Congo in recent years (in particular his father between March 2006 and November 2007) without being detained or tortured. The complainant submitted a letter from a UDPS member stating that threats were made against the complainant’s father by the police while he was in the process of trying to recover his house. However, there is no mention of any incident involving detention or physical danger. 6.9 The American judge who determined that there was a risk of torture in 2005 had attached considerable importance to the situation of the complainant’s father. However, his father stayed in the Democratic Republic of the Congo after this date without being detained. In addition, the judge does not seem to have been aware of the fact that the complainant had submitted false information to the Canadian authorities in connection with his asylum application in 2003. 6.10 Lastly, the State party submits that there are very few references to the torture of UDPS members or Luba from Kasaï in reports on the human rights situation in the Democratic Republic of the Congo, such as the 2007 Amnesty International report or the United States Department of State report for 2008. 10 GE.12-43835

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