Migratieweb ve15002236 Advance unedited version CAT/C/56/D/569/2013 together with his cQusin to the stadium where people were protesting against the government. When they just sat down, the military came in and frred randomly at the crowd. Several people were shot and died immediately and many others were wounded. The complainant was violently taken by the military to a car andsent to a prison. His . cousin was shot while they were running from the gunfire and until today the complainant does not know'what happened to his cousin. 2.2 While in prison, the comphtinant was beaten with a rifle butt. Although he told the authorities that he did not have the intention to take part in the demonstration and that neither him nor his cousin had weapons on them, themilitary officers forced him to confess that he was one of the demonstrators that started the gunfrre. As he refused to confess, hè was tortured. He was forced to crawl/ere ep over the harsh unequal stone floor in a manner that it caused wounds on the stretched sides of his arms and legs, and around his elbows and knees. The wounds gotinfected due to the poor hygiene and became septic. 2.3 The complainant was also tortured with e1ectrical shots by a Taser gun. He was kept in prison for five months without a fair trial and access to medical care. The prison' s conditions were also deplorable. The food provided was of very poor quality to the extent that one detainee died of hunger. With the help of an officer, the complainant could escape from prison and then leave Guinea. 1 However, the officer told him that he could not come back because doing so would put the officer' s position at risk. 2.4 The complainant submits that in February 2010, he arrived in the Netherlands. 2 On 19 February 2010, he applied for asylum at the Immigration and Naturalization Services (IND): On 25 October 2010, his request for asylum was rejected by the IND. The IND stated that the complainant's statements were not credible since theywere broad and general; that he was not able toprovide documentation in support of his claims and· to explain why he was not allowed to go free as other arrestees; that his statements had several discrepancies; that he provided different desèriptions for the torture methods while he was .heard by the migration authorities and medically investigated by Amnesty International. 2.5 The complainant submits that although the IND accepted the he suffered from a post-traumatic stress disorder, it considered that it was not enough to grant him asylum. Moreover, it pointed out that one ofthe opposition leaders who was present at the stadium on 28 September 2009 and was also arrested and ill-treated had since become the prime minister of Guinea. The complainant appealed against the IND decision to the Court of Zwolle. He claimed that there was no contradiction in his statements and that any apparent discrepancy was related to the lack of follow-up questions by the authorities. In contrast, in the medical examination made by Amnesty International doctors asked him very precise questions. and .follow-up questions on different issues. This medical examination team concluded that the scars on the complainant' s body are highly consistent with a pattern of physical maltreatrnent as argued by the person concerned. Moreover, the team found that his post-traumatic stress disorder and depression affected his ability to answer in a clear and accurate manner questiöns related to a traumatic experience~ 2.6 On 29 February 2012, the Court of Zwolle rejected the complainant's appeal on the same grounds as the IND's negative decision. The complainant appealed before the Administrative Court.; On 30 November 2012, the Administrative Court dismissed his appeal. On 7 May 2012, the complainant applied for suspension of departure on medical grounds before the IND. He claimed that due io his medical conditions he would not be 1 The complainant does not provide dates or anyother details regarding these evehts. The complainant provides no details conceming his travel. 2 3 Bron: www.ohchr.org - Stichting Migratierecht Nederland - www.migratieweb.nl