CAT/C/48/D/364/2008 history presented in the report departs on several points from the findings of fact set forth in the final decisions handed down in the course of the regular asylum proceedings and in the related judgements on appeals. Nor does the report suggest that this case history was verified. The medical certificate from the Zurich school psychological support services, dated 30 September 2008 which the complainant submitted to the Committee contains no information that had not already been provided by the support services’ earlier certificates, which were duly studied and taken into account by the Tribunal in its judgement of 17 June 2009. Lastly, if the children were to be returned to the Democratic Republic of the Congo, they would be returned with their father and would thus be neither unaccompanied nor unsupported. 4.15 The State party concludes that there is nothing to indicate that there are substantial grounds for fearing that the complainant and his children would face a real and personal risk of torture if returned to the Democratic Republic of the Congo. Additional information provided by the complainant 5.1 On 17 May and 8 June 2010 the complainant noted that domestic remedies have been exhausted and that there is therefore no obstacle to the admissibility of the complaint. 5.2 The complainant notes that, once his asylum application had been refused, he initiated proceedings to apply for a permit based on humanitarian grounds under article 14, paragraph 2, of the Swiss Asylum Act. That request was also denied. He criticizes the asylum policy of the Canton of Zurich, which, he claims, discourages all asylum seekers from legalizing their situation. The complainant points out that he is well integrated into Zurich society, inasmuch as he has a good command of German, has received a job offer and has enrolled his children in school. 5.3 He fears that the presidential election scheduled for 28 November 2011 in the Democratic Republic of the Congo, which could result in the re-election of Joseph Kabila, who is of Rwandan origin, might once again stir up ethnic tensions, bringing with them the risk of torture and attacks on people’s lives, including his and his children’s. Complainant’s comments on the State party’s submission 6.1 In his comments dated 18 August 2011, the complainant contests the State party’s claim that the inhabitants of Kinshasa consider the war in the east to be a conflict between ethnic elites. The complainant points out that ethnic groups such as the Ndade, the Bashi or the Hema do not have elites. Moreover, massacring civilians and raping women are not the kind of acts that elites generally engage in. 6.2 With regard to his political activities, the complainant notes that he is active in the Alliance des Patriotes pour la Refondation du Congo (Alliance of Patriots for the Refoundation of the Congo) (APARECO) and that this can be confirmed by the president of that organization in Switzerland. The complainant adds that he has been interviewed several times on Radio Tshiondo, an Internet radio station, making his political activity in Switzerland common knowledge. 6.3 Regarding the conclusion reached by the Swiss embassy regarding the doubtfulness of his Tutsi origins, the complainant replies that in the region of Kinshasa, most of the inhabitants are unable to distinguish between Hutu and Tutsi and that the primary consideration is Rwandan nationality. 6.4 The complainant claims that the Swiss authorities never investigated the circumstances of his wife’s death and that she did not die a natural death but was murdered. Contrary to the State party’s claims, the threats he received in the Democratic Republic of GE.12-43679 7