7.3 As regards the alleged inconsistencies in the author’s story, counsel
maintains that the author already at first instance invoked serious illtreatment and rapes, and refers to articles in medical journals explaining the
psychological blockage in torture victims preventing them from telling the full
story upon arrival in a safe country. In this context, counsel points out that
the author’s statements about her sufferings are initially sparse and casual,
and are only elaborated later, with the passage of time. Counsel emphasizes
that the author’s story has remained unchanged, coherent and plausible
throughout. Counsel further states that the failure to present medical evidence
before July 1995 was caused by the author’s conviction of the righteousness of
her claims and further by a lack of financial means.
7.4 As regards the State party’s statement that the human rights situation in
Zaire has improved and that therefore there is no danger for the author in
returning to her country, counsel refers to an opinion of a UNHCR senior legal
adviser, on 9 May 1995, to the effect that, although the UNHCR no longer opposed
the return of rejected asylum seekers to Zaire, an exception existed for groups
particularly at risk, such as active members of Zairian political opposition
parties and in particular of UDPS. Counsel argues that despite certain
improvements, there still does exist a consistent pattern of gross, flagrant or
mass violations of human rights in Zaire.
7.5 Counsel concludes that the author has presented sufficient evidence that
she was a political activist for UDPS and well known to the Zairian authorities,
that she has been imprisoned, tortured and ill treated owing to her political
activities, that the human rights situation in Zaire is deplorable and that
especially UDPS activists are in danger of persecution. She therefore claims
that the author’s return to Zaire would have the foreseeable and necessary
consequence of exposing her to a real risk of being detained and tortured.
Issues and proceedings before the Committee
8.
Before considering any claims contained in a communication, the Committee
must decide whether or not it is admissible under article 22 of the Convention.
The Committee has ascertained, as it is required to do under article 22,
paragraph 5 (a), of the Convention, that the same matter has not been and is not
being examined under another procedure of international investigation or
settlement. The Committee also notes that all available domestic remedies have
been exhausted and finds that no further obstacles to the admissibility of the
communication exist. Since both the State party and the author’s counsel have
provided observations on the merits of the communication, the Committee proceeds
immediately with the consideration of the merits of the communication.
9.1 The issue before the Committee is whether the forced return of the author
to Zaire would violate the obligation of Sweden under article 3 of the
Convention not to expel or to return a person to another State where there are
substantial grounds for believing that he or she would be in danger of being
subjected to torture.
9.2 Pursuant to article 3, paragraph 1, the Committee must decide whether there
are substantial grounds for believing that Ms. Kisoki would be in danger of
being subject to torture upon return to Zaire. In reaching this decision, the
Committee must take into account all relevant considerations, pursuant to
article 3, paragraph 2, including the existence of a consistent pattern of
gross, flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individual concerned would
be personally at risk of being subjected to torture in the country to which he
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