CAT/C/60/D/639/2014
Sudanese who reside abroad for a long period of time face interrogation by the Sudanese
security forces about possible contacts they had with the opposition while they were outside
of the country. In the Tribunal’s view, people in contact with the Sudan Liberation
Movement and Sudan Liberation Army are most certainly registered by the Government of
the Sudan. In that regard, the complainant emphasizes that, during his political activities, he
met with important leaders of the Sudan Liberation Army and the Justice and Equality
Movement.
2.14 The complainant further submits that the Justice and Equality Movement in
Switzerland has only a few members, who can therefore be easily monitored by regular
embassy-staff and some government-loyal voluntary informants. Considering the
complainant’s participation in protest rallies, at which he chanted slogans, and his meetings
with various leading members of the Justice and Equality Movement, he considers that he is
very probably known to the Government of the Sudan.
2.15 The complainant also refers to the judgement dated 4 November 2009 of the Asylum
and Immigration Tribunal of the United Kingdom of Great Britain and Northern Ireland,
according to which: “Darfurians may raise the suspicion of the security forces … by having
travelled abroad, or having been in contact with individuals and organizations abroad”.14 He
claims that, owing to his contacts, particularly as an active member of the Justice and
Equality Movement abroad, he would be put at risk of grave persecution in case of return to
the Sudan.
The complaint
3.1
The complainant claims that by deporting him to the Sudan the State party would
violate his rights under article 3 of the Convention since he faces a foreseeable, real and
personal risk of being subjected to torture and cruel, inhuman and degrading treatment.
3.2
He claims that, as a politically involved activist and a member of the Justice and
Equality Movement, he belongs to a high-risk group and that, in case of return to the Sudan,
he will be persecuted by the Sudanese authorities. This fear is reinforced by the fact that his
father was killed by the Sudanese army. He submits that, if expelled, he will probably be
arrested at the airport in the Sudan and be exposed to a risk of torture and inhuman
treatment. The author refers to independent sources that confirm the use of arbitrary arrests
and torture against Darfuris by Sudanese authorities. 15 The author adds that prison
conditions are extremely poor in the Sudan, with overcrowded facilities, and that there are
reports of government officials routinely mistreating persons in custody. 16 The complainant
also refers to a report of Amnesty International, according to which the use of force,
arbitrary detention and torture is very common against protesters in the Sudan. 17 The report
also indicates that torture and ill-treatment during arbitrary detention is still a common
practice of security forces against members of opposition movements and protesters.
3.3
The complainant claims that there is a proven pattern of gross and flagrant human
rights violations in the Sudan, as defined by article 3 (2) of the Convention.
State party’s observations on admissibility and merits
4.1
The State party submits that the Federal Office for Migration examined thoroughly
all the complainant’s arguments related to a risk of persecution by Sudanese authorities in
case of removal to the Sudan. The State party adds that the author has not submitted any
14
15
16
17
4
See United Kingdom: Asylum and Immigration Tribunal, AA v. Secretary of State for the Home
Department (18 December 2009), para. 5. Available from www.refworld.org/pdfid/4b2fa3202.pdf.
Amnesty International, “Darfur crisis reaches Sudanese capital” (23 May 2008); United States of
America Department of State, “2008 Country Report on Human Rights Practices: Sudan”, available
from www.state.gov/j/drl/rls/hrrpt/2008/af/119026.htm.
See “2008 Country Report on Human Rights Practices” (footnote 15 above).
Amnesty International, Excessive and deadly: The use of force, arbitrary detention and torture
against protesters in Sudan (London, 2014). Available from www.amnesty.org/en/documents/
AFR54/020/2014/en/.