CAT/C/46/D/379/2009
born in Tshilenge in the province of Mbuji-Mayi. She is not married, but lived together
with a man with whom she has two children, born in 2002 and 2004. She was active in a
protestant church in DRC. She and her partner were arrested as a result of critical remarks
against the regime made by the pastor, Albert Lusaka. During the detention, she was
tortured, beaten on her legs and back and raped a number of times. Persons from the parish
bribed the prison staff and organized her escape in February 2006. She was not able to
return home to look for her children who were left behind when she was arrested. She
travelled by train to Kinshasa, where she received a plane ticket and travel documents from
a person within the parish who had visited her during her imprisonment. She claimed that
she was unaware of the whereabouts of her partner and her children. She stated that she was
neither in possession of any identity documents nor in a position to obtain such documents,
since her house had been destroyed. She had no one in DRC who could help her obtain new
identification documents. Asked about her health, the complainant stated that she
experienced a lot of stress, back and stomach pain, sleeping difficulties, and nightmares.
4.2
On 7 March 2006, during the second interview, the complainant explained that she
had never received a passport, and she could not submit any identity documents as the only
document she had was kept in her house in DRC which was looted by the security forces.
She added that no one could verify her identity, either in Sweden or in DRC6. She claimed
that the nun with whom she traveled to Sweden was carrying all the necessary documents.
They lacked a common language and thus the possibility to communicate. She also
submitted that she was the assistant of the pastor of the parish and her partner was supposed
to take the parish over from the pastor. She had not been politically active and she had had
no problems with the authorities, except for her arrest. She claimed that she was wanted in
DRC and, because of her escape from prison, she would be imprisoned and subjected to illtreatment upon return. According to the language analysis conducted by the migration
authorities, it was highly probable that the complainant had her language background in
DRC, more specifically in the regions Kasai Oriental and Kasai Occidental. Furthermore, it
was likely that she had been socialized in Kinshasa.
4.3
The State party further submits that on 22 September 2006, the complainant’s
counsel provided additional information and corrections to what had been stated by the
complainant during the interviews. The complainant doubted that her identity documents
were still in her house, since it was looted after her arrest and maintained that she would
have to return to the DRC in order to apply for new identity documents. She was not able to
get in touch with anyone who could prove her identity, since the whereabouts of her family
were unknown. With regard to her home address, the complainant indicated that she resided
in Tshilenge, but that during the last three years she had lived in Lubumbashi together with
her family, including one of her sisters. Her parents and the rest of her siblings live in the
village of Mushenge. She left Tshilenge because she was offered a position as assistant of a
well-known pastor in Lubumbashi. She reiterated the information about the pastor’s
activity, his detention and alleged torture, as well as his subsequent death shortly after his
release. Counsel further reiterated the information regarding the complainant’s abduction,
her detention and ill-treatment in custody, including battery, torture and rape, and
reconfirmed the circumstances of the complainant's escape from prison.
4.4
On 31 October 2006, during the third interview, the complainant stated that, due to
health problems, she was unable to attend a meeting with the Red Cross concerning the
whereabouts of her family. In response to the question about her being socialized in
Kinshasa, the complainant maintained that she had not resided there but had only been there
6
However, the complainant gave the following information about her family to the Migration Board:
her father and mother were still alive, and she has three brothers and one sister with whom she
previously lived in Tshilenge. She has no relatives in Sweden.
5