CAT/C/53/D/450/2011
on the patient’s account of his medical history and therefore merely reflects his complaints
about his ailments. Consequently, the complainant’s allegations concerning the ill-treatment
he experienced in prison lack plausibility, and there is no reason to believe that he would
risk being exposed to torture for this reason if returned to Yemen.
4.3
The State party further argues, with reference to the Committee’s general comment
No. 1, that another factor to be taken into account when assessing the complainant’s risk of
being subjected to torture if returned is whether he has engaged in political activities in or
outside Yemen. The State party notes that the complainant does not mention that he was
politically active prior to his departure from Yemen.
4.4
The State party also points out that following the rejection of his asylum application
and his two appeals for reconsideration, the complainant went into hiding and was
registered as missing on 13 October 2007. After he was found by the police on 7 November
2009 in the course of an identity check in Biel/Bienne, he submitted a second application
for asylum to the Federal Office for Migration on the basis of threats that the Consul of
Yemen allegedly made against him on 22 February 2007. The complainant became
politically involved after eluding the authorities for two years and after seeing his
application for reconsideration rejected by the Federal Office for Migration, which he filed
in order to avoid being returned following his arrest. He then invoked his political activities
in his appeal to the Federal Administrative Court on 11 March 2010 against the dismissal
decision of the Federal Office of Migration. He attached his organization membership card
to his appeal, six articles criticizing the Government published in his name in a magazine
and on the Internet and the report of a demonstration mentioning his name and showing a
photograph of him. Yet, along with his communication to the Committee, the author
submitted additional information in which he claims to have taken part in three
demonstrations, to have organized and participated in various meetings and to be
recognized as an active militant for the Southern Democratic Assembly in Switzerland. The
State party also notes that during the initial asylum proceedings, the complainant stated that
he was illiterate.
4.5
It is likely that the authorities monitor the political activities of Yemeni nationals in
exile but that they are not concerned with the identity of particular individuals until their
activities go beyond ordinary mass protests and reveal them as serious opponents who pose
a threat to the Government. The complainant’s mere participation in demonstrations and
drafting of critical articles do not make him appear to be a particularly high-profile activist.
Consequently, the State party is of the view that the complainant’s political activities do not
expose him to a probable risk of torture if he is returned to Yemen.
4.6
There are factual inconsistencies in the complainant’s assertions that undermine his
credibility. The State party maintains that the complainant’s account of his escape from
prison with the assistance of his former employer is not convincing. The employer was
angry at the complainant for having concealed that he belonged to the Akhdam caste and
had no reason to fear the authorities’ reaction to statements made by the complainant, given
that he belonged to a low caste.
4.7
The State party also refers to the complainant’s allegations concerning the threat of
reprisals that the Consul of Yemen allegedly made against him during his visit to the
consulate in Geneva. The complainant also alleged that his name had been included in a list
of asylum seekers handed over to the Yemeni authorities, accompanied by a note from the
Consul indicating the treatment to which the complainant was to be subjected if he was
returned. The State party submits that, while it is true that information enabling the
complainant to be identified was transmitted to the Yemeni authorities in accordance with
article 97, paragraph 3, of the Asylum Act of 26 June 1998, the Swiss authorities were
nevertheless not allowed to mention or provide information relating to an asylum
application. The State party also notes that the Federal Office for Migration official who
GE.15-00369
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