CAT/C/53/D/450/2011 had disappeared for two years and had then been found in Biel/Bienne during a police check in 2009. 2.16 On 7 October 2010, the complainant lodged an administrative appeal with the Federal Administrative Court, which dismissed the appeal definitively by decision of 3 December 2010. The Court concluded that the complainant’s account regarding threats made by the Consul of Yemen lacked credibility and did not find evidence that the complainant’s political activities in Switzerland would put him in danger in his country. The complainant was asked to leave the country before 6 January 2011. The complaint 3.1 The complainant asserts that his forcible deportation to Yemen would amount to a violation by Switzerland of his rights under article 3 of the Convention, since he would be facing a real risk of being persecuted or subjected to inhuman treatment as a result of belonging to a disadvantaged and marginalized caste and of his political activities in Switzerland. 3.2 The complainant argues that there is a consistent pattern of gross, flagrant and mass human rights violations in Yemen. He submits that the situation is extremely alarming and refers to reports from non-governmental organizations. 2 Activists of the Southern Movement and journalists, dissidents and human rights defenders are the victims of arbitrary arrest, acts of torture and unfair trials. The use of torture is very common in Yemeni prisons and even systematic during interrogations. He maintains that President Ali Abdullah Saleh personally supervised the security agencies, to which he granted special and wide-ranging powers without any administrative or judicial oversight. The complainant also notes the lack of independence of the judiciary due to tribal solidarity and patronage. Furthermore, the law of 1990 on the press prohibits criticism of the President and contains vague definitions of offences. Journalists are therefore frequently intimidated or prosecuted for the content of their articles. 3.3 The complainant asserts that he was subjected to cruel and inhuman treatment during his imprisonment. He submits a medical certificate, dated 17 December 2004, drawn up by a Swiss general practitioner, whom the complainant has been consulting on account of headaches since April 2004. The certificate notes that the complainant complains of severe frontal headaches and a complete loss of the sense of smell. The physician states that examinations of the complainant’s sinuses have ruled out the possibility of an infection or a tumour. He further states that the symptoms described are closely related to the illtreatment sustained by the complainant and that they do not include flashbacks with the impression of reliving traumatic events or depression. He diagnoses a condition of chronic pain as a result of physical and psychological trauma and the possible development of a post-traumatic stress disorder if the complainant is returned. The complainant has also submitted a medical certificate attesting to his hospitalization for atrophic rhinitis (ozaena) from 23 to 25 August 2006, together with the written replies of a doctor to a Federal Office for Migration questionnaire dated 20 December 2006, indicating that ozaena is a rare disease that is found in countries with poor hygiene. It also points out that regular treatment is necessary for his clinical condition to improve and that the living conditions in his country of origin are a problem, as they generally do not allow for sustained treatment. 3.4 The complainant further maintains that his political activities put him at risk of being tortured if he is returned to Yemen. On 5 December 2009, he became a member of the Southern Democratic Assembly, the main secessionist, socialist-oriented party established on 7 July 2007 and banned in Yemen. He has participated in meetings and demonstrations 2 GE.15-00369 See Amnesty International, Yemen: Cracking Down Under Pressure, London, 2010, p. 67, and Reporters without Borders, Yemen, 2009. 5