CAT/C/50/D/467/2011
insufficient, in the opinion of the Federal Administrative Court, to establish a causal link
between the two events.
2.11 The Federal Administrative Court did not assess most of the evidence relating to the
first complainant’s political activities in Switzerland for procedural reasons due to the delay
in presenting it to the asylum authorities. 2 It stated, however, that there was no reason to
assume that the first complainant would be at risk of being subjected to treatment contrary
to the Convention upon return to Yemen due to his political activities in exile. Thus, he
appeared to be a mere participant in some of the numerous demonstrations organized by the
Southern Democratic Assembly in Switzerland and it would be practically impossible for
the Yemeni authorities to identify each of the participants thereof, except for some wellknown opposition leaders. Furthermore, the complainants did not establish that, following
recent changes in the social and political situation in Yemen, the activities of the first
complainant in Switzerland had led to a significant change of circumstances for them after
the completion of the ordinary asylum proceedings. The Federal Administrative Court
concluded, therefore, that the execution of the expulsion order in relation to the
complainants was lawful, reasonable and possible.
2.12 The complainants submit that they have exhausted all available domestic remedies
to obtain redress before the State party’s asylum authorities. They are obliged by law to
leave Switzerland; in case of non-compliance, they would be forcibly deported to Yemen.
The complaint
3.1
The first complainant submits that he is at a real and imminent risk of being
subjected to torture or other inhuman and degrading treatment if he were forcibly returned
to Yemen. He adds that, considering the extremely violent and unstable situation in Yemen,
his wife and their son would be at an imminent risk of suffering serious harm as well. He
argues that, by expelling him and his family to Yemen, Switzerland would violate its
obligations under article 3 of the Convention.
3.2
The complainants submit that their accounts provided in the framework of the
asylum proceedings were detailed, substantiated and credible. Furthermore, these accounts
were confirmed by a number of independent reports. 3 They add that the first complainant
never claimed to have been a high-ranking member of the Southern Movement.
Nevertheless, he was perceived as a critic of the Government by the Yemeni authorities and
put under intense pressure. His departure from Yemen in January 2010 was only possible
with the help of a friend, significant financial investments and due to his low profile.
3.3
As to the reasoning of the Federal Administrative Court that the summons and the
attestation issued by al-Mansoura prison authorities did not specify the reason for the first
complainant’s detention (see paragraph 2.9 above), he refers to the reports by the Amnesty
International 4 and the United States Department of State, 5 documenting widespread police
brutality and torture of suspected supporters of the Southern Movement, as well as of the
2
3
4
5
The complainants did not establish, inter alia, that it was impossible for them to provide this
information in the course of the ordinary asylum proceedings and before the decision of the Federal
Administrative Court of Switzerland on their appeal of 7 June 2010.
See Amnesty International, Yemen: Cracking Down Under Pressure, London, 2010, p. 67, and BBC,
“Civil war fears as Yemen celebrates unity”, 21 May 2009, available at
http://news.bbc.co.uk/2/hi/middle_east/country_profiles/8062225.stm.
See Amnesty International, “Yemen – Amnesty International Report 2010”, available at
http://www.amnesty.org/en/region/yemen/report-2010#.
See the United States Department of State, “2009 Human Rights Report: Yemen”, 11 March 2010,
available at http://www.state.gov/j/drl/rls/hrrpt/2009/nea/136083.htm.
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