CAT/C/30/D/192/2001
page 5
4.3
With regard to the allegations of past ill-treatment and torture suffered by the
complainant, the State party notes that the sole content of the file is the statement by Mr. H.
claiming that he was ill-treated during his imprisonment from 1 November 1987 to
31 March 1988 in Tadmur prison. According to the State party, despite the specific questions
put to him on this matter in his examination by the Swiss authorities in connection with his
request for asylum, the complainant was unable to give more details. To the question: “How
were you tortured?”, he replied: “The first thing they do is torture you with a tyre. They put you
in the tyre and thrash you. I was given only a piece of bread and some cold tea. We were not
allowed to look in the mirror for five months. Visits were not authorized. My family did not
know where I was.”1 The State party takes the view that the complainant is speaking, in very
general terms, of a method of torture which is apparently used, but without explicitly stating that
he himself was tortured in that way. Moreover, he gives no details of the precise circumstances
of the ill-treatment undergone, for example, the number of people who supposedly ill-treated
him, or the frequency, place and purpose. According to the State party, this lack of specificity
and detail casts considerable doubt on the credibility of the ill-treatment suffered by the
complainant during his military service.
4.4
However, according to the State party, had the complainant actually suffered ill-treatment
in the past it would not be relevant to a determination in the current proceedings. Since the
ill-treatment had allegedly taken place more than 10 years before the complainant left Syria, the
requirement for the ill-treatment to have been in the recent past in order to evidence the risk of
being subjected to torture within the meaning of article 3 of the Convention - as provided for in
the Committee’s General Comment No. 1 - has clearly not been met. The State party adds that
the same is true a fortiori for the complainant’s wife, since she has never alleged ill-treatment by
State organs.
4.5
With regard to his political activities in Syria, the complainant has provided, in the
context of national asylum proceedings, certificates dated 1 October 1998 and 12 March 1999
attesting to his membership in the Yekiti party. However, when questioned about the party in
the asylum proceedings, he was, somewhat surprisingly, able to give only very general
information on the aims of the party of which he claimed to be a member in a position of
responsibility. Moreover, he had only very approximate knowledge of the party structure,
particularly of its executive bodies. He cited the secretary of the party as its supreme organ,
whereas information from reliable sources in possession of the Swiss asylum authorities
indicates that the congress, which the complainant did not even refer to, is the supreme
decision-making body in the Yekiti party.2 According to the State party, since all members of
the Yekiti party had to serve an apprenticeship before their formal admission to the party, the
information supplied by the complainant regarding the purposes and structure of the party were
far too vague for his membership claim to be credible. Thus the asylum authorities concluded
that the complainant was not connected with the Yekiti party as he maintained. In the view of
the State party, the two membership certificates were irrelevant, since the documents had no
official standing and had, the Swiss authorities considered, based on their experience and
knowledge, been prepared so readily that they could only be considered as documents provided
as an accommodation.
4.6
As evidence of his close links with the Yekiti party and his commitment to it, the
complainant makes allegations which are not seen as credible by the State party. Firstly, the
assertion that a secret meeting of some 50 people took place at the complainant’s home is