CAT/C/60/D/639/2014
2014. The complainant received a letter ordering him to leave Switzerland by 18 November
2014.
2.9
The Tribunal considered that the complainant had failed to credibly demonstrate that
he was from and lived in North Darfur. Referring to its prior decision BVGE 2013/5, the
Tribunal also considered that a relocation of people from Darfur to Khartoum was possible.
Regarding the complainant’s political activities, the Tribunal considered that, according to
its jurisprudence, political activities in exile only lead to recognition of refugee quality if
political persecution in the country of origin is the highly probable result of such activity.
The Tribunal considered that, despite his political activities, the complainant was most
probably not monitored by the Sudanese authorities and that he would not be at risk of
being subjected to torture or inhumane or degrading treatment if returned to the Sudan.
2.10 The complainant argues that, contrary to the Tribunal’s determination, he clearly
demonstrated his origins from Darfur and the events that led to his escape. He submits that
he never possessed any identity document and that he informed the authorities of the State
party thereof at the start of his asylum procedure. He refers to article 7 of the Swiss asylum
law, 10 according to which “any person who applies for asylum must prove or at least
credibly demonstrate their refugee status”, and argues that this article does not require strict
proof. In that regard, he recalls that he submitted a confirmation of residence issued by the
local authorities of Kutum, as well as the false passport with which he had travelled to
Switzerland, in order not to hide anything from the Swiss authorities. He submits that he
described his village and the city of Kutum according to his faculties, limited by the fact
that he was poorly educated. The complainant also submits that he described his father’s
functions and activities to the best of his knowledge, considering that he was still young at
the time of the events, but that he was still able to describe his killing with details and in a
concise way.
2.11 In regard to the possible alternative flight, the complainant submits that internal
relocation is not a valid option for him, as he runs the risk of being persecuted by the
Sudanese authorities, which are present throughout the territory of the Sudan, and not by
the rebels in the case addressed by the Tribunal in its decision BVGE 2013/5. As an
example, the complainant refers to the reports of arbitrary arrests, extrajudicial executions
and ill-treatment of detainees, including reports on the detention of a large number of
persons living in Khartoum, following the attack launched by the Justice and Equality
Movement on Omburman.11
2.12 Regarding the Tribunal’s argument that the complainant’s fear of persecution due to
his political activities in exile is unfounded, the complainant submits that it contradicts the
European Court of Human Rights judgment in A.A. v. Switzerland. In that case, the Court
clarified that those at risk of persecution include not only high-profile political opponents,
but also those merely suspected of rejecting the current Sudanese regime and supporting
opposition movements. 12 The Court considered that the Sudanese authorities register
persons who are politically active abroad, in particular those associated with the Sudan
Liberation Army and take part to its international meetings in Geneva. In the opinion of the
Tribunal, the complainant, who is not a member of the Sudan Liberation Army, does not
have a prominent political profile in the sense of the Court’s jurisprudence. The
complainant considers that such conclusion is inconsistent with the Court’s ruling in A.A. v.
Switzerland. He claims that, according to that ruling, his political activities are relevant and
should have been taken into account by State party’s authorities as a source of is a real,
foreseeable and personal risk for him.
2.13 He also claims that this argument is not consistent with the ruling of the Tribunal in
its decision BVGE 2013/21. In that decision, the Tribunal considered that the Sudanese
authorities only become aware of people who are politically involved or criticize the
Government of the Sudan, or are suspected of supporting an opposition movement. 13
10
11
12
13
Available from www.admin.ch/opc/en/classified-compilation/19995092/201610010000/142.31.pdf.
The author does not provide a specific date.
See A.A. v. Switzerland, European Court of Human Rights decision dated 7 January 2014, No.
58802/12, para. 40.
BVGE 2013/21, unpublished E. 10.5 (BVGer E-1979/2008, 31 May 2013).
3