which he would be returned to Zaire.
until 30 September 1994.
In August 1994, his permit was extended
2.5 The author further states that he was joined by his girlfriend in
November 1991, that they are well integrated in society, and that they have
found employment.
The complaint:
3.1 The author argues that he owes his life to having fled Zaire. He claims
that he cannot go back to Zaire without endangering his security. He argues
that, since he does not possess proper identification papers, he will be
immediately arrested on arrival and, since he is known as a member of the UDPS,
he will be kept in detention and probably subjected to torture. He states that
in Zaire a consistent pattern of gross, flagrant or mass violations of human
rights exists, and that for this reason alone the Swiss authorities should
refrain from returning him. He further submits that the simple fact of applying
for asylum is considered in Zaire as a subversive act.
3.2 Pending the Committee’s decision on the merits of his communication, the
author requests the Committee to request Switzerland, under rule 108,
paragraph 9, of the Committee’s rules of procedure, not to implement the
expulsion order against him and his companion.
Issues and proceedings before the Committee:
4.1 Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22 of
the Convention.
4.2 The Committee has examined the claims submitted by the author and observes
that his account lacks the minimum substantiation that would render the
communication compatible with article 22 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
5.
The Committee against Torture therefore decides:
(a)
that the communication is inadmissible;
(b) that this decision shall be communicated to the author and, for
information, to the State party.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
-57-
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