CAT/C/39/D/299/2006
Page 8
declarations on the ground. The Committee observes that the complainant has provided
a coherent version of the facts and the relevant evidence to corroborate these facts.
Therefore, the Committee concludes that the State party’s arguments to challenge the
validity of this evidence and the complainant’s declarations have not been sufficiently
substantiated.
6.7 Finally, the Committee recalls that torture and ill-treatment of detainees by
security forces and services in the Democratic Republic is still common.3
6.8 The Committee considers that the complainant’s political activities and his recent
detention in the Democratic Republic of the Congo, together with the fact that he is
being searched in this country, are sufficient arguments to conclude that he would face
a personal risk of torture if forcibly returned to the Democratic Republic of the Congo.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention, is of the view that the forcible return of the complainant to the Democratic
Republic of the Congo would constitute a breach by Switzerland of his rights under
article 3 of the Convention.
8.
In pursuance of rule 112, paragraph 5, of its rules of procedure, the Committee
invites the State party to inform it, within 90 days from the date of the transmittal of this
decision, of the steps it has taken in accordance with the above observations.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee’s annual report to the General Assembly.]
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3
See the Committee’s Concluding Observations on the report submitted by the
Democratic Republic of the Congo under the Convention against Torture and other
forms of cruel, inhuman and degrading treatment (CAT/C/DRC/CO/1/CRP.1), paras. 6
and 7; and the Human Rights Committee’s Concluding Observations on the report
submitted by the State party under the International Covenant on Civil and Political
Rights (CCPR/C/COD/CO/3), para. 16.