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
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