CAT/C/46/D/350/2008 political parties and associations of the Congolese diaspora in Switzerland. He is a supporter of the Alliance des Patriotes pour la Refondation du Congo (Alliance of Patriots for the Refoundation of the Congo) (APARECO), a political party led by President Ngbanda, which is based in Paris, France. He is also a regular contributor to programmes on Radio Kimpwanza hosted by the political group Rassemblement des Patriotes pour la Libération du Congo (Rally of Patriots for the Liberation of Congo) (RPLC). However, the complainant’s uncertain status in Switzerland limits his contributions to this movement, especially since the television programme broadcast first by TSR and then by TV5 has already led to more than enough media exposure. 5.3 The complainant adds that even though it was aware of his whereabouts, GJCC had a duty to inform the human rights organization of his disappearance, firstly to expose the abuse perpetrated by the Kabila Government, and secondly to encourage human rights organizations to monitor violations of this kind. The article published in Le Satellite simply repeated the content of the press release issued in July 2004, at which point the complainant’s family was not yet aware of his abduction. When the complainant’s wife learned of her husband’s departure for Switzerland in September 2004, she was unable to inform the newspaper, as her husband was still in detention in Zurich airport. 5.4 The complainant maintains that the wanted person notices challenged by the State party could have been issued on a Sunday because of the delicate nature of their content and the urgency attached to issuing such documents. If their issue had been contrived, the second wanted person notice would no doubt have been amended to correct the error in the first. The complainant further specifies that he had no contact with his wife from May or June 2005, when his wife left Kinshasa, until March 2008, when he was able to talk to her thanks to help from the Red Cross in Zurich. With regard to the UNHCR position, the complainant thinks that the Office must have based its assessment solely on the documents submitted to it by the Federal Office for Migration. Lastly, the complainant notes that during the first asylum proceedings he had been asked to submit all evidence supporting his application within two weeks of filing the request. For a person in flight from their home, meeting such a deadline is impossible. Additional comments by the parties 6.1 On 14 May 2009, the State party commented on the new allegations and evidence presented by the complainant in his comments. The State party points out that an asylum application presented to the Swiss Ambassador in Zimbabwe by the complainant’s wife was rejected on 19 August 2008 and that no appeal against the decision was lodged with the Federal Administrative Court. Furthermore, the complainant’s wife failed to provide any evidence to support her asylum application. She also failed to take the opportunity to comment on an advance notice relating to her application issued by the Federal Office for Migration on 27 June 2008. The State party notes that the medical certificate dated 1 June 2006 confirms that the complainant reportedly consulted a doctor in 2004 about the violence to which he had reportedly been subjected in the Democratic Republic of the Congo. Noting also the information concerning the complainant’s claim to be a member of APARECO and his supposedly regular contributions to programmes on Radio Kimpwanza, the State party observes that neither of these items of information were ever brought to the attention of the Swiss authorities in the course of the domestic appeals, and that in any case neither can be considered to have evidentiary value, since the certificate does not establish the veracity of the claims and the complainant’s claimed affiliation to the political party APARECO does not appear to be of an extent sufficient to place him at risk in the event of deportation to his country of origin. 6.2 On 19 May 2009, the complainant informed the Committee that on 24 April 2009 he had been arrested by the Zurich police, even though the State party had deferred execution GE.11-43878 9