CAT/C/60/D/639/2014
5.4
The complainant explains that he was born in 1986 and left the country at the age of
20 and therefore his knowledge of the city is not as good as could be expected from an
adult who had lived in a city for 20 years. The complainant further explains that he received
very little education and therefore cannot be expected to know the exact number of
inhabitants of Kutum, nor the size of the area of Kutum.
5.5
The complainant further explains that, during the interviews of asylum seekers in
Switzerland, it is standard that a representative of an NGO is present as an observer and to
provide comments. In his case, a representative from the organization HEKS who was
present during the interview held on 17 December 2013 found that the complainant had
been credible with respect to his origin from Kutum and his allegations that his father had
supported the opposition against the Government of the Sudan and had been killed by the
Sudanese army. The representative also noted that the evidence submitted by the
complainant to confirm his political activities in Switzerland was not “sighted or discussed
in detail” during the interview.39 The representative concluded that there were indications of
persecution by the Sudanese authorities; his recommendation was “to examine the
application for asylum substantively and clarify the individual danger of persecution of the
applicant in detail”. He argued that “it might be necessary to undertake a supplementary
interview”, because the political profiles of the complainant and his father, and possibly
other family members, “have not been evaluated completely”.
5.6
The complainant also submits that the State party’s argument that during the second
interview the complainant stated that his father had not been politically active is a
misinterpretation of his statement. During the second interview, the complainant stated that
his father had brought up people against the Government or who supported the rebels. 40 The
complainant then confirmed that his father had had “relations” with people and that
“sometimes people came to visit him” and that meetings had sometimes taken place at his
father’s house. 41 The complainant was not allowed to take part in those meetings and
therefore did not know to which group the people belonged. The complainant also submits
that he mentioned that he had not been aware whether his father had worked for the “Arko
Mannaw” or the “Abdelwaher”, who are both leaders in the Sudan Liberation Movement,
and that he had demonstrated that he was familiar with the Sudan Liberation Movement.
5.7
Regarding his father’s violent death, the complainant argues that he is only able to
remember that he was killed in August 2005 because he was young when he was killed and
because he had little access to education. He further comments that, in his culture, dates are
not considered as important, and he submits that he was still able to describe the exact
circumstances of his father’s death.42 In that connection, he submits that his father had gone
with a group of elderly people to a recitation at a Koranic school one night from Thursday
to Friday. At 3 a.m., the time of the morning prayer, the complainant heard a gunshot and a
confrontation took place between the Sudanese army and the inhabitants of his village. He
stayed in his house then went to look for his father at the Koranic school, where he found
him badly wounded. Before dying, his father told him to flee to his uncle. The complainant
acted accordingly. He claims that it is perfectly logical that he said on the one hand that he
did not know who killed his father and did not see anything himself, and on the other hand
that he was with him at the time of this death. He adds that the claim that his father died in
a bombing and shooting seems to be plausible in the framework of heavy clashes as
described.
5.8
The complainant argues that he faces a risk of persecution because of his “AlGuemer” ethnicity and the political activities of his father. He explains that other members
of his family are also politically active. He claims that the Sudanese army had attacked
members of ethnic minorities in Darfur because they had been suspected of supporting the
rebels. He claims that his district was bombed because the Sudanese army intended to hurt
39
40
41
42
8
The author provides a “sheet of signature of the representative of the non-governmental aid
organization (HWV) according to art. 30(4) AsylG”.
The author refers to Q117 of the interview dated 17 December 2013 (document in German).
The author refers to Q122-125 of the interview dated 17 December 2013 (document in German).
The complainant refers to Q94-100 and 107 of the interview dated 17 December 2013 (document in
German).