CAT/C/65/D/811/2017
4.8
The complainant uses country-specific information in a very selective way. He
largely relies on the reports of Human Rights Watch and Amnesty International, which are
based solely on statements by people who have left Eritrea. Moreover, these reports do not
contain any information on the treatment of persons accused only of leaving the country
illegally.
4.9
With regard to the allegations of torture or ill-treatment suffered in the recent past,
the complainant does not claim to have been subjected to acts of torture or ill-treatment in
his country. He expressly stated that he had not suffered any physical violence during his
detention from 5 to 9 February 2010 but that the conditions inside the container had been
appalling. At his hearing on 17 February 2016, he said that the food was bad, that it was
extremely hot in the container, that there were several of them in a small space and that
they did not have enough room to sleep. The Swiss authorities considered that these
statements were not plausible and concluded that the complainant had never been arrested
or imprisoned by the Eritrean authorities.
4.10 The State party emphasizes that the complainant’s hearing was conducted in
Tigrinya with his consent. The official responsible for the hearing was at pains to stress that
the complainant indicate when he did not understand a question. As noted by the State
Secretariat for Migration and the Federal Administrative Court, the complainant stated
during both hearings that he understood the interpreter well and confirmed at the end of the
hearings that the minutes were in keeping with his statements. There is no mention of any
problems of understanding on his part. In addition, the complainant expressly stated that he
had never had any problems in his country of origin.
4.11 Furthermore, the complainant did not claim that he was engaged in political
activities in his country of origin. Although he produced a letter attesting to his membership
of the Swiss branch of Eritrean People’s Democratic Party in his appeal to the Court, he did
not mention such activities in his complaint to the Committee.
4.12 With regard to the credibility of the complainant and the consistency of the reported
facts, the authorities established that his account was not plausible. First, the Secretariat for
Migration noted that his statements about how he left prison, which was a central part of his
story, were contradictory. The Secretariat also noted that, regardless of the version held to,
the complainant’s description of the conduct of the Eritrean authorities following his fiveday detention did not appear convincing. The Secretariat and the Federal Administrative
Court also noted that the complainant’s statements proved to be particularly brief, evasive,
stereotypical and not very spontaneous, in particular with regard to his departure from
Eritrea,38 his call-up for national service, the content of the call-up papers39 and the conduct
that followed. They considered this lack of elaboration all the more surprising since the
complainant also cited very precise dates, as if he had learned them by heart in order to
apply for asylum.
4.13 The complainant largely attributes these inconsistencies to the fact that the hearings
were conducted in Tigrinya, a language he says he has an insufficient command of.
Although the complainant did in fact mention at the beginning of the first, summary hearing
on his personal details and subsequent hearing on the grounds for asylum that he would
have liked to have been assisted by an interpreter with a command of Bilen, he nevertheless
stated having fully understood the interpreter hired for the first hearing before confirming
that he stood by his position and signing the minutes in question. During his hearing on the
grounds for asylum, he said he understood the translation very well. He confirmed that the
minutes were in keeping with his statements and that they had been read back to him in a
language he understood without his indicating any particular difficulties. Nowhere in these
minutes does it appear that problems of comprehension, translation or expression were
raised by the complainant. The certificate from the representative of the support service
38
39
8
The State Secretariat for Migration considered that it defied all logic that the complainant was not
able to better describe his alleged illegal departure from the country, i.e. a journey on foot of some
200 km from Keren to Kassala, and that it was unlikely that he would not have been stopped at any
point by the authorities over such a long distance.
At the first hearing, the complainant added that he could not produce the call-up papers, whereas, at
the second hearing, he said he had contacted his family about them.
GE.19-01118