CAT/C/44/D/322/2007
permit in Sweden. The term “an alien otherwise in need of protection” has been
exemplified previously, but it might be added that it also includes a person who needs
protection because of external or internal armed conflict or, because of other severe
conflicts in the country of origin, feels a well-founded fear of being subjected to serious
abuse.
8.4
In November 2008, the Swedish Migration Board adopted a guidance note regarding
the situation in the DRC and how it affected the examination of asylum claims of DRC
nationals. The note confirmed that there is internal conflict in the eastern part of the DRC,
held that internal relocation is possible to the stable parts of the DRC but that such a
possibility should be considered on an individual basis. Especially regarding single woman,
the note prescribed that the existence of a social network and a connection to other parts of
the DRC had to be taken into account when assessing whether internal relocation was a
possibility. In fact, in November 2008, the Migration Board also granted a permanent
residence permit to a single woman from the North Kivu province for whom it found
internal relocation was not an option, as she had no connection to and no social network in
another part of the DRC.
8.5
As to the present case, the State party reiterates that the complainants originate from
and have a strong connection to the Equateur province where, apart from a few months
prior to their flight from the DRC, they have always lived. Thus, for the complainants the
question of internal relocation does not arise, as they do not come from an area in conflict
and would be returning to their home province. The State party reiterates that it still cannot
be excluded that Ms. Njamba’s husband and three other children are still alive and could be
found in the DRC. Even if they have no close relatives left in their village, given that they
have lived there all their lives it is reasonable to expect that there are people there who
would be willing to assist them. In any event, the complainants may request a reexamination of their application by the Migration Board if they claim that the current
situation has significantly changed since the filing of their initial application and there are
impediments to the enforcement of the expulsion decisions.
8.6
The State party reiterates that since the initial submission to the Committee the
reasons upon which the complainants submit they need asylum have changed. In addition,
their account of events completely changed upon submission of their case to the
Committee. It submits that according to article 3, it is for the complainants to present an
arguable case. In any event, in the State party’s view, the claim that they are likely to be
subjected to torture on account of their husband’s/father’s activities in Goma are neither
credible nor consistent and lack veracity. It also refers to the fact that the complainants have
not responded to these arguments made by the State party in its last submission. The State
party highlights that the complainants will not be returned to Goma where they claim they
will risk being killed in revenge for the activities allegedly carried out by their
husband/father.
State party’s supplementary submission on the merits
9.1
On 19 March 2010, the State party provided information in response to questions
posed by the Secretariat on behalf of the Committee, in particular with respect to how five
United Nations reports 12 would bear upon the decision to deport the complainants from
12
Combined report of seven thematic special procedures on technical assistance to the Government of the
Democratic Republic of the Congo and urgent examination of the situation in the east of the country, A/HRC/10/59, 5
March 2009; Report of the independent expert on the situation of human rights in the Democratic Republic of the
Congo, Mr. Titinga Frédéric Pacéré, A/HRC/7/25, 29 February 2008; Report of the Special Rapporteur on violence
against women, its causes and consequences, Yakin Ertürk, A/HRC/7/6/Add.4, 28 February 2008; and Report of the
10