CAT/C/65/D/811/2017 country. If he had obtained one, he would not have required the services of UNHCR for almost four years. His illegal departure from the country must therefore be considered as established. However, the Swiss authorities have refused to take account of the information on the matter. Although the Federal Administrative Court has mentioned that it is generally impossible for Eritreans to obtain exit visas, it concluded that the complainant had failed to make a convincing argument that his departure was illegal. 3.9 Consequently, the negative decision of the Secretariat entered into force without any serious analysis of the risk of a violation of the principle of non-refoulement by the State party. It was the responsibility of the Swiss authorities to remove any doubt about this risk by applying an “effective, independent and impartial review of the decision to expel”.11 The “early and summary” analysis of the Court demonstrates that this was not done. In addition, the Court has not once mentioned the general human rights situation in Eritrea despite numerous references to sources of information contained in the appeal. Nor has it discussed the complainant’s contention that his profile as a young man of age to perform military service put him at risk. 3.10 In this regard, the complainant refers to the situation of human rights in Eritrea. The fact that he has shirked his obligation to perform military service and left the country without authorization makes him guilty of violating the 1995 Proclamation on National Service and renders him an opponent of the regime. 12 It is indisputable that, upon his arrival in Eritrea, he would be arrested, interrogated and punished for these acts. 13 In addition, he may be forced to perform military service for an indefinite period, subjecting him to forced labour, in violation of his fundamental rights. According to several human rights organizations, the human rights situation in Eritrea remains dire and is exacerbated by indefinite compulsory military service. 14 The Eritrean authorities use lethal force against any person attempting to resist them, flee the army or leave the country clandestinely. 15 Torture is commonly used during arrests or detentions, including against deserters. 3.11 The former President of the Swiss Confederation said in 2015 that “it [was] inconceivable that Switzerland should send persons back to an arbitrary State.” 16 The Human Rights Council Commission of Inquiry on Human Rights in Eritrea and UNHCR reported on the situation in the country and the treatment of returned asylum seekers.17 The Human Rights Committee also found a violation of article 7 of the International Covenant on Civil and Political Rights in the light of the failure of the State concerned to take due account of the fact that, because of his inability to prove that he had left Eritrea legally, the author of the complaint was at risk of being designated as a failed asylum seeker and a 11 12 13 14 15 16 17 GE.19-01118 Agiza v. Sweden (CAT/C/34/D/233/2003), para. 13.7. Eritrea, Proclamation on National Service, No. 82/1995, 23 October 1995; UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Eritrea (www.refworld.org/docid/4dafe0ec2.html), 20 April 2011, p. 11; T.R. Müller, “Bare life and the developmental state: Implications of the militarisation of higher education in Eritrea”, The Journal of Modern African Studies 46, No. 1, March 2018, p. 115; and Human Rights Watch, Service for Life: State Repression and Indefinite Conscription in Eritrea, 16 April 2009, p. 27. Human Rights Watch, Service for Life: State Repression and Indefinite Conscription in Eritrea, 16 April 2009, pp. 27–29, 68, 70, 72 and 74; Amnesty International, Eritrea: 20 years of independence, but still no freedom, 9 May 2013, pp. 30–31; G. Kibreab, “The open-ended Eritrea National Service: the driver of forced migration”, Paper for the European Asylum Support Office Practical Cooperation Meeting on Eritrea, 15 and 16 October 2014, pp. 12–14; UNHCR Eligibility Guidelines, p. 11; and A/HRC/26/45, paras. 44 and 45. Human Rights Watch, World Report 2015 (www.hrw.org/sites/default/files/world_report_download/ wr2015_web.pdf), pp. 218 ff.; Amnesty International, Annual Report 2014/15: The State of the World’s Human Rights (www.amnesty.org/download/Documents/POL1000012015ENGLISH.PDF), pp. 172 ff.; and Swiss Refugee Council, Analyse pays — Érythrée, mise à jour février 2010 (www.osar.ch/assets/herkunftslaender/afrika/eritrea/erythree-mise-a-jour-fevrier-2010.pdf). United States Department of State, Eritrea 2013 Human Rights Report (www.state. Gov/documents/organization/220321.pdf), 27 February 2014, section 1a. “Simonetta Sommaruga refuse tout refoulement de réfugiés érythréens”, Le Temps, 6 August 2015 (www.letemps.ch/suisse/simonetta-sommaruga-refuse-refoulement-refugies-erythreens). A/HRC/29/CRP.1A/HRC/32/CRP.1; and UNHCR Eligibility Guidelines, pp. 14, 33 and 34. 5