CAT/C/46/D/350/2008 6 December 2006 the Federal Office for Migration overturned the decision of 24 March 2005 on the grounds that the complainant was invoking the existence of subjective reasons that had arisen since his flight, and that they should be considered in a second asylum application procedure. 2.5 In a decision dated 12 July 2007, the Federal Office for Migration dismissed the second asylum application pursuant to article 32, paragraph 2 (e) of the Asylum Act of 26 June 1998. The complainant’s appeal against this decision was rejected by the Federal Administrative Court (formerly the Swiss Asylum Appeals Commission) on 1 February 2008 on the grounds that the new evidence submitted by the complainant provided insufficient reason to challenge the former judicial authorities’ findings. On 8 April 2008 the complainant lodged a request for review with the Federal Office for Migration which, for jurisdictional reasons, was referred to the Federal Administrative Court, which in turn rejected the request on 20 June 2008. The complainant had had until 19 February 2008 to leave Switzerland. He filed a request for review accompanied by an application for interim measures, but the Federal Administrative Court rejected the request for review, and thus the application for interim measures also, on 20 June 2008. Thus, as of this date, the complainant could be deported at any time. The complaint 3.1 The complainant claims that he would be in danger of being subjected to torture in violation of article 3 of the Convention if deported to his country of origin. As an active member of GJCC, he gave three talks about the elections in the Democratic Republic of the Congo, during which he alerted young Christians to the fact that Joseph Kabila was not of Congolese origin. After these pronouncements, he was tortured and imprisoned for two weeks before managing to escape from prison and to flee the country. The complainant affirms that the events leading up to his flight and his appearance on the Swiss television channel TSR, without his face obscured, in a programme about asylum applications which aired on 26 September 2006 have placed him at risk of being subjected to torture if deported to the Democratic Republic of the Congo. The complainant adds that his wife was raped and has for this reason become a refugee in a third country. 3.2 The complainant cites Amnesty International’s annual report for 2008, which recounts the political and military tensions that degenerated into violent clashes in Kinshasa and the province of Bas-Congo. Killings, arbitrary arrests and detention, acts of torture and other cruel, inhuman and degrading forms of treatment were practised throughout the country by the security forces and armed groups, most often targeting persons perceived as being political opponents. Accordingly, the complainant affirms that the situation in the Democratic Republic of the Congo meets the specifics of the situation envisaged in article 3, paragraph 2, of the Convention, in that a consistent pattern of gross, flagrant or mass violation of human rights exists in the country. The complainant emphasizes that detainees, especially those perceived as being political opponents, are systematically tortured while in custody. 3.3 To substantiate his allegations, the complainant provides copies of the following documentation: a wanted notice issued by the Congolese national police; an article from the newspaper Le Satellite mentioning that a wanted notice was issued on 17 July 2004 in an attempt to find the complainant; two summonses issued to the complainant’s wife and to the president of GJCC, respectively, by the same commander, Clément Konde; a wanted notice issued by the National Intelligence Agency on 10 November 2004; and a page from the newspaper Le Palmarès, dated 6 September 2006, which reports the disappearance of the president of GJCC in Kinshasa, specifying that he had gone missing after the disappearance of the complainant. A letter attesting to the complainant’s appearance in a TSR programme subsequently broadcast on TV5 is also attached. The complainant also 4 GE.11-43878