CCPR/C/125/D/3041/2017
treatment in Angola and in the Democratic Republic of the Congo remain very limited, and
are insufficient to meet the specific needs of her daughter.
5.2
The author also submits additional evidence with regard to the risk they would face
upon deportation and to her identity. Firstly, another arrest warrant was issued by the
National Intelligence Agency in May 2017 against the author and her husband, L.M., after a
massive prison breakout at the Makala detention facility, which led to the reissuance of old
arrest warrants. Secondly, the author, her husband and her mother have been able to obtain
passports and marriage and family certificates from the Embassy of the Democratic
Republic of the Congo in Ottawa. 3 The authors submit that the State party’s observations do
not address the alleged risk upon return of the alleged victims, but limits itself to arguing
about the lack of credibility of the author. This assumption only strengthens the essence of
the present communication: the essential elements of the author’s asylum claim were never
given fair consideration.
5.3
On the matter of her credibility, the author fully rejects the State party’s assertion
that she had at some point recognized having Angolan citizenship, and submits that she had
only indicated that she had an Angolan passport (irregularly obtained). The author further
clarifies that she had always been truthful to the Canadian authorities about the different
identities that had been used, and the reasons for their use: one false identity was used to
obtain the Angolan passport; the other was used when the author’s husband was working
for the head of the National Intelligence Agency, for cultural reasons. The author concludes
that she was at all times truthful to the State party authorities and that, if the domestic
authorities had examined her application properly, all their doubts would have been
clarified regarding the credibility of her statements. The author notes the State party’s claim
that, because they do not consider the author to be a national of the Democratic Republic of
the Congo, she would face no persecution in Angola. The author has alleged, however, that
she has been subjected to persecution not only in the Democratic Republic of the Congo but
also in Angola, where the author’s family members have been tracked down and questioned,
resulting in the death of her brother, her mother’s leg amputation and the disappearance of
her father and of other siblings. The author, her husband and her mother have consistently
maintained this in all their exchanges with the authorities of the State party.
5.4
The author submits that the Angolan passports, obtained through misrepresentation,
expire in August 2018, and that thereafter they would be undocumented migrants in Angola.
According to different reports, asylum seekers and refugees do not receive any protection
from the Government in Angola, and are often victims of harassment and intimidation by
police officers. The author also recalls that she had already suffered discrimination in
Angola as a citizen of the Democratic Republic of the Congo. In addition, arbitrary arrest
and detention in Angola are a particular concern for Congolese migrants, and would be of
even greater concern for the author, who is a wanted person in the Democratic Republic of
the Congo. The author also points out that the judicial system and the security forces in
Angola are deeply affected by corruption and inefficiencies, and that extrajudicial killings
are a serious human rights concern.
5.5
The author recalls that she fears being extradited or deported to the Democratic
Republic of the Congo by the Angolan authorities. A report by the Government of Angola
showed that at least 170 citizens from the Democratic Republic of the Congo had been
repatriated in April 2018.4 She notes the worsening human rights situation in the
Democratic Republic of the Congo, characterized by high rates of arbitrary arrest and
detention and where family members are often arrested in the place of a suspect, putting her
at risk of being arrested in the place of her husband. Security forces in the Democratic
Republic of the Congo have reportedly perpetrated acts of torture and ill-treatment, while
3
4
Although the passports were issued in August 2016, the author does not explain why they were not
submitted with the original complaint. The author attaches a written statement by their lawyer before
the domestic courts declaring that she did not submit such evidence during the pre-removal risk
assessment procedure because she was expecting to have an oral hearing and bring them then. She
does not explain why she did not include the passports in the appeal to the pre-removal risk
assessment decision.
See https://reliefweb.int/report/angola/sme-repatriates-170-drc-citizens-illegal-stay.
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