A/66/44
110. Complaint No. 369/2008 (E.C.B. v. Switzerland) was submitted by a national of the
Congo, who claimed that his deportation to his country or origin or to Côte d’Ivoire would
constitute a breach of article 3 of the Convention, considering that he was an opponent to
the regime of Denis Sassou-Nguesso and that, as a refugee in Côte d’Ivoire, he became a
target for the forces of Laurent Gbagbo due to his political activities. Having considered the
arguments submitted by both parties, the Committee concluded that the complainant had
not provided evidence of a real, present and foreseeable risk of torture. He did not
sufficiently substantiate that his active role in a political party or his political activities in
the Congo, Côte d’Ivoire or Switzerland would place him in danger of persecution. The
Committee considered that the complainant’s deportation to the Congo or to Côte d’Ivoire
would not constitute a breach of article 3 of the Convention.
111. Complaint No. 375/2009 (T.D. v. Switzerland) concerned an Ethiopian citizen
claiming that his deportation to Ethiopia would constitute a violation of article 3 of the
Convention. He claimed that his political activities since he arrived in the State party,
particularly his political activities in Kinijit/Coalition for Unity and Democracy (CUDP),
for which he was a representative of the canton of Zurich, put him at risk in case he were to
be deported to Ethiopia. After examining the claims submitted by the complainant, as well
as the arguments of the State party, the Committee considered that simply holding this
political position within the Zurich branch of CUDP did not mean that he would be
considered a threat to the Government of Ethiopia. Furthermore, since the complainant did
not provide any elements supporting the allegation that the events preceding his departure
from Ethiopia would put him at risk of being torture upon return, the Committee concluded
that to return him to the country of origin would not constitute a violation of article 3 of the
Convention.
112. In complaint No. 379/2009 (Bakatu-Bia v. Sweden), the complainant claimed that
she would be imprisoned and tortured if returned to the Democratic Republic of the Congo,
in violation of article 3 of the Convention, since she had been arrested and, while in
detention, had been subjected to torture, beatings and multiple rape due to her religious and
political activities within a parish with a politically active pastor who was a strong
opponent of the regime. The Committee noted the claims and evidence submitted by the
complainant and the arguments of the State party, as well as the recent reports by seven
United Nations experts and by the United Nations High Commissioner for Human Rights
on the human rights situation in the Democratic Republic of the Congo and, in the light of
the information before it, considered that it was impossible to identify particular areas of
the country which could be considered safe for the complainant. The Committee, after
having taken into account all the factors relevant for its assessment under article 3 of the
Convention, and considering that the complainant’s account of events was consistent with
the Committee’s knowledge about the present human rights situation in the Democratic
Republic of the Congo, concluded that substantial grounds existed for believing that the
complainant was at risk of being subjected to torture if returned to the Democratic Republic
of the Congo. Therefore, the Committee found a violation of article 3 of the Convention in
this complaint.
113. In complaint No. 419/2010 (Ktiti v. Morocco), the complainant, a French national,
alleged that if extradited to Algeria, he would be detained and tortured, in violation of
article 3 of the Convention. The Committee took note of the complainant’s allegations that
both the international arrest warrant for him issued by the Algerian judiciary, and his
sentencing in absentia to life imprisonment, were based on the statements of a man who
was caught at the crime scene in the same case and who depicted the complainant as the
leader of the drug-trafficking ring dismantled by the Algerian police. The Committee also
took note of the complainant’s allegation that the man’s confessions were obtained under
torture, the visible signs of which were confirmed by that man’s brother himself. The
Committee noted that the State party did not contest those facts. In the light of the
GE.11-45568
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