transferred to the military prison of Ndolo, where he was detained for seven months. Although the author had lost part of his eyesight and suffered a head injury caused by the torture, he was not given any medical treatment. On 20 January 1990, he was released under the condition that he present himself twice a week at the Auditorat militaire of Mantete. In February 1990, he sought medical treatment for his eye injury at the General Hospital Mama Yemo. that he had to leave Switzerland before 15 September 1993, failing which he would be subject to expulsion. The author’s request for a review of the decision, on the ground that the authorities had not sufficiently taken into account essential documents, such as a report of Amnesty International and medical reports, was dismissed on 13 September 1993. On 17 September 1993, the author received permission to stay in Switzerland until 17 October 1993. 2.3 Subsequently, the author’s father and brothers suggested that he leave Kinshasa, to avoid the police finding other members of the movement by following him. They also feared for the author’s security. On 30 March 1990, the author left Zaire, leaving behind his family, including his two children, who live with his father; after 15 days he arrived at Luanda, where he stayed with friends for three months. A friend provided him with a visa for Italy, where he arrived on 29 July 1990, using the passport of his friend. On 7 August 1990, he illegally crossed the border to enter Switzerland; on 8 August 1990, he applied for recognition as a refugee in Switzerland. In the course of that month he learned that his father had been detained after his departure. The complaint 3.1 The author claims that a real risk exists that he would be subjected to torture or that his security would be endangered if he were to be returned to his country. It is submitted that evidence exists that there is a consistent pattern of gross and massive violations of human rights in Zaire, which, according to article 3, paragraph 2, of the Convention against Torture, are circumstances which a State party should take into account when deciding on expulsion. The author contends that on this basis alone the Swiss authorities should refrain from expelling him. 3.2 In a letter to counsel, dated 3 November 1993, Amnesty International supports the author’s arguments that he would be exposed to a risk of torture upon return to Zaire. It considers the author’s story credible and emphasizes that the general situation in Zaire is one of violence and repression. Amnesty International submits in particular that hundreds of soldiers suspected of sympathizing with the opposition to the rule of President Mobuto have been arrested and many of them are detained in secret places. In Amnesty International’s opinion, members of the opposition are subject to repression and the simple fact of seeking recognition as a refugee is seen as a subversive act. 2.4 The author was heard by the Cantonal Office for Asylum-seekers in Lausanne on 10 October 1990. He submitted a medical report written by a medical doctor in Switzerland indicating that the scars on his body corresponded with the alleged torture. A report by an ophthalmologist indicated that the author had an eye injury, caused by a trauma, which, according to the author, was caused by a blow to his head during the interrogation in June 1989. On 31 January 1992, the Federal Refugee Office (Office fédéral des réfugiés) rejected his application and ordered his removal from Switzerland. It considered that, even if the author had been detained in the military prison of Ndolo, it was unlikely that he had been imprisoned for political reasons, since the International Committee of the Red Cross (ICRC), which had visited the prison in November 1989, had stated that it did not visit him, since he apparently did not belong to the category of prisoners which fell under the mandate of ICRC. The Refugee Office further doubted the authenticity of the provisional release order, which the author had submitted as evidence of his detention. With regard to the author’s return to Zaire, the Refugee Office considered that there were no indications that he would be exposed to punishment or treatment prohibited by article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. 3.3 Since the author could be expelled at any moment, he asked the Committee to request Switzerland to take interim measures of protection and not to expel him while his communication is under consideration by the Committee. Issues and proceedings before the Committee 4. During its eleventh session, on 18 November 1993, the Committee decided to solicit from the State party clarifications or observations as to the admissibility of the communication, and, in the specific circumstances of the case, to request the State party, under rule 108, paragraph 9, not to expel the author while his communication was under consideration by the Committee. The State party was also invited to submit explanations or statements as to the merits of the communication, in case it had no objections to its admissibility. 2.5 On 6 March 1992, the author appealed the decision. On 10 August 1992, the decision to expel him was stayed, but on 2 June 1993, the Commission of Appeal in Refugee Matters (Commission suisse de recours en matière d’asile) dismissed the author’s appeal. On 24 June 1993, the author was informed 5. On 18 February 1994, the State party informed the Committee that it would comply with the Committee’s request not to expel the author and 16