CAT/C/60/D/639/2014 Government since 2010.44 In that regard, the Committee notes the complainant’s argument that the Justice and Equality Movement in Switzerland only has a few members and therefore can be monitored easily. It also notes the decision of the European Court of Human Rights in A.A. v. Switzerland, according to which those at risk of persecution include not only high-profile people but also those merely suspected of opposing the current regime, and that is has been acknowledged that the Government of the Sudan monitors activities of political opponents abroad.45 The Committee considers that, due to his political activities in Switzerland, the complainant can be perceived as opposing the Government of the Sudan and could risk being subjected to reprisals if deported, particularly considering the constant surveillance of political opponents abroad by the Sudanese authorities. 7.8 The Committee notes the complainant’s claim that his father had supported the Sudan Liberation Movement and had been killed during an attack by the Sudanese army. It also notes that his uncle had also been killed because of his support of the opposition and that other members of his family had been politically active. In that connection, the Committee notes that, according to the information available in the file, the political profiles of the complainant and his father and of other family members were not given sufficient weight and were not thoroughly assessed by the authorities of the State party. 7.9 The Committee further notes the State party’s argument that the complainant has not alleged to have suffered torture or mistreatment in the past. However, it also notes the complainant’s argument that the only reason he was not previously tortured or killed is that he had fled the country immediately after the violent death of his father. 7.10 The Committee observes the general human rights situation in the Sudan, particularly the reports confirming the use of arbitrary detention and torture against protesters and returnees46 and the reports of torture against individuals accused of providing information to the Justice and Equality Movement.47 Furthermore, the Committee notes that, since the Sudan is not a party to the Convention, the complainant would be deprived of the legal option of recourse to the Committee for protection of any kind if he were to be deported to the Sudan.48 7.11 In the light of all the above circumstances, including the information publicly available on the human rights situation in the Sudan, the involvement of the complainant in political activities in Switzerland, and the alleged killings of his father and uncle by the Sudanese army because of their involvement in political activities, the Committee is of the opinion that the State party failed to investigate sufficiently whether the complainant would be in danger of being subjected to torture or ill-treatment if returned to the Sudan. In particular, the Committee notes that the State party disregarded the suggestions made by the NGO representative present at the asylum interview of 17 December 2013 to “examine the application for asylum substantively and clarify the individual danger of persecution of the applicant in detail” and to conduct a supplementary interview to evaluate the political profiles of the complainant and his father, and possibly the other family members. 44 45 46 47 48 See, for example, Geneva Call, “Annual report 2015” (June 2016). Available from http://genevacall.org/wp-content/uploads/dlm_uploads/2016/07/2015-Geneva-Call-AnnualReportshort-version.pdf. See A.A. v. Switzerland (footnote 12 above), para. 40. See para. 3.2 above. See also Human Rights Watch, “World Report 2017” (12 January 2017), available from www.refworld.org/docid/587b581ba.html; Human Rights Watch, “‘Make Their Lives Miserable’: Israel’s Coercion of Eritrean and Sudanese Asylum Seekers to Leave Israel”, available from www.hrw.org/report/2014/09/09/make-their-lives-miserable/israels-coercion-eritrean-andsudanese-asylum-seekers; and Bethan Staton, “Sudanese refugees forcibly deported from Jordan fear arrest and torture”, Guardian, 19 January 2016, available from www.theguardian.com/world/2016/ jan/19/sudanese-refugees-forcibly-deported-from-jordan-fear-arrest-and-torture. See United States Department of State, “Sudan 2015 Human Rights Report”. Available from www.state.gov/documents/organization/252945.pdf. See also communication No. 470/2011, X v. Switzerland, Views adopted on 24 November 2014, para. 7.9. 11