CAT/C/44/D/302/2006 Additional comments by the State party 8.1 In comments dated 13 May 2008, the State party begins by reaffirming its observations on admissibility and the merits and reiterates its request that the Committee should primarily declare the communication inadmissible and, secondarily, reject it on the merits. The State party supplements its previous observations by explaining the basis for the dismissal by the domestic court of the complainant’s appeal, namely that the circumstances that led to his departure from his country of origin and to the flight of his wife and children to Angola have already been the subject of a ruling by the Refugee Appeals Board and that the new evidence provided by the complainant has been found wanting and does not invalidate the Board’s analysis. 8.2 The State party reaffirms the doubts expressed in its previous observations about the authenticity of the documents added to the file by the applicant. Additional information provided by the complainant 9. By letter of 3 October 2008, the complainant informs the Committee of the murder in late March 2008 of his cousin, Mr. G., who was accused of being his accomplice and who had been missing since his arrest by the security services on 1 September 2007. The complainant attaches to his claim a clipping from a Congolese newspaper dated 24 April 2008, with a copy of the envelope showing it had been posted in Kinshasa. According to the clipping, Mr. G., a cousin of the complainant, was kidnapped by men in uniform claiming to be from the Republican Guard after they mistook him for the complainant, and the complainant’s life would therefore really be in danger if he was returned to his country. The complainant also attaches a copy of his cousin’s death certificate, issued by Kinshasa general hospital, which gives “murder” as the cause of death; a copy of the burial permit issued by the funeral service of the city of Kinshasa; a copy of the envelope used; and a new wanted notice in the name of the complainant dated 29 March 2008. Additional information provided by the State party 10. In comments dated 20 November 2008, the State party supplemented its observations with the information that, under article R.723-3 of the Code governing the Entry and Stay of Aliens and the Right to Asylum, any alien whose asylum application has been definitively rejected once by OFPRA and the Refugee Appeals Board is entitled to submit new evidence to OFPRA in order to have the application reviewed. It is therefore up to the complainant to submit a new request for a review of his asylum application if he feels he is now in a position to provide the Committee with new evidence proving he is at risk. 7