Migratieweb ve15002236
Advance unedited version CAT/C/56iD/569/2013
5.3
The State party finds it incredible that the complainant doesn't remember·
medications that were given to him at the hospital. Again, the complainant was very young,
and was beaten by his uncle. The hospital stáff did not infonn him of the drugs he was
taklng.
5.4
Regarding his travel to .Conakry, the complainant submits that he did not have
enough money for a nonnal seat, so he had to travel in the tronk of a car, so he could not
see much during the trip. He also doesn't know exactly where he stayed in Conakry, which
is plausible, because he only stayed there for one week.
5.5
The complainant further describes the panic after the shooting had begun at the
stadium, that his cousin got shot,' that he .was· arrested and taken to a large house.
Subsequently, he was put in a large cell together with six other pèople. As for the 5-month
detention, it is' very difficult for the complainant to describe this time, because he was
traumatized by "horrible things that happened to him during his detention." His memory of
this time is vague, because he tries to forget this experience.
5.6
Regarding the medica! evidence, the complainant submits that the State party has to
take it seriously. The report from the Amnesty International documented scars on his
foreanns as a result of ill-treatment during the detention. The conclusion of this report is
that the scars are "consistent" or "very consistent" with the .pattern of abuse as described by
the complainant. The psychological symptoms of the complainant diagnosed as posttratimatic stress disorder and major depressive disorder are typical to the experience
suffered by the complainant.
5.7
The complainant sub mits that since the medical evidence in support of his· position
is so strong, the State party has no choice but to order further medical examinations.
Instead, the State party paid attention only to small disctepancies. FOT example, the abusive
"pumping"S position is the same as "tiger-èrawling," which was considered a discrepancy
by the State party.
.
5.8
The complainant in conclusion submits that substantial risks exist that he will be
tortured if returned to his home country. He submits that he runs a risk of being persecuted
for his roie in demonstrations, and revenge by military officers for rendering public his
story. Furthermore, he sub mits that he has suicidal thoughts, and even tried to commit
suicide twice. The complainant submits a reference from a psychiatrist who considers that
if deported, the complainant "could get suicidal".
Further submissions by the parties
6.1
By its Note Verbale of 27 July 2015, the Státe party further reiterates its position,
and insists that the complainant's statements are not credible. For example, his young age
when he was beaten up by his uncle and adm.itted to the hospital is an "insufficient reason
for his lack of knowiedge" of the specific medications that he was administered. In
addition, even if he travellèd in the trunk of a CM, it still does not explain lack of any detail
regarding his trip, and duration of this trip.
(
6.2
Regarding the inconsistencies during the events at the stadium, the State party points
out further' inconsistencies. According to the Human Rights Watch· and An)nesty
International reports, there were shots frred outside of the stadium, a fact that the
complainant failed to mention. The complainant claims that he did not see soldiers until he
was inside the stadium and this contradicts the above ci~ed reports as weIl.
S
The complainant describes this'as"crossirig your hands while holding your ears moving your body up
and down".
.7
Bron: www.ohchr.org - Stichting Migratierecht Nederland - www.migratieweb.nl