CAT/C/47/D/347/2008
Congo and referring to general comment No. 1 of the Committee,3 the State party asserts
that this situation is not in itself a sufficient basis for concluding that the complainant would
be at risk of torture if she returned. It further states that the complainant has failed to
demonstrate that she faces a personal, real and foreseeable risk of torture if returned to the
Democratic Republic of the Congo.
4.2
The State party notes that the complainant did not inform it of her allegations that
she had been raped at the time of her departure from Ndjili airport in 2001. It asserts that
the explanations she has provided to justify her failure to do so are implausible. In addition,
the State party notes that, in any event, the rape alleged by the complainant is said to have
been committed by officials involved in her flight from the Democratic Republic of the
Congo, who were therefore not acting in an official capacity. Accordingly, these events,
even if proved to be true, cannot be taken into account to infer that the complainant faces a
risk of torture if she returns to the Democratic Republic of the Congo.
4.3
According to the State party, the complainant lacks credibility: although she claims
that she risked her life to deliver a political message, she has not been able to describe her
experience in detail or to provide clarification of her fiancé’s political activities. Her claim
that her fiancé had sent a messenger who gave her a telephone, copies of the magazine
Jeune Afrique and money to spread a political message in her neighbourhood are also
implausible because the means deployed by the rebels seem disproportionate to the desired
outcome in a neighbourhood of some 50 people. By the same token, the State party
considers that the determination said to be shown by the authorities, who reportedly came
to the complainant’s home to look for her on many occasions in her absence, is unlikely in
the case of an isolated opponent.
4.4
In the State party’s view, the fact that the complainant was able to leave the
Democratic Republic of the Congo from Ndjili airport (one of the places most closely
watched by law enforcement officials), even though she supposedly faced a serious threat
of arrest, also makes her testimony implausible. As to the two newspaper articles that she
produced, they are crude forgeries. The same applies to the two summonses against the
complainant and her mother, which are not sufficient to substantiate the risks faced and
have very little evidentiary value, since both were produced in 2005, five years after the
reported events.
4.5
Regarding her political activities, the State party notes that, although the
complainant now indicates that she continues her political activities as a supporter of the
Alliance des Patriotes pour la Refondation du Congo (APARECO), she has not
substantiated these claims. At a hearing in 2001, she claimed that she had never been
involved in politics and had never been a supporter or member of a political party. The
State party therefore concludes that her testimony, which remains vague and unclear, is
implausible and that her claim of current political activity is not credible.
4.6
According to the State party, the complainant’s current state of health cannot be
attributed to her fear of being subjected to violence if she returns to the Democratic
Republic of the Congo, but rather to the fact that she is not working in Switzerland.
Furthermore, her medical condition is not so severe as to prevent her removal from
Switzerland, particularly since she may request financial support upon her return and
consult a doctor in the Democratic Republic of the Congo. In conclusion, the State party
reiterates that there are no substantial grounds for believing that the complainant faces a
specific and personal risk of torture if she returns to the Democratic Republic of the Congo.
3
GE.12-40160
A/53/44, annex IX (21 November 1997). The State party also refers to communications No. 94/1997,
K.N. v. Switzerland (Views of 19 May 1998) and No. 100/1997, J.U.A. v. Switzerland (Views of 10
November 1998).
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