CAT/C/39/D/299/2006 Page 8 declarations on the ground. The Committee observes that the complainant has provided a coherent version of the facts and the relevant evidence to corroborate these facts. Therefore, the Committee concludes that the State party’s arguments to challenge the validity of this evidence and the complainant’s declarations have not been sufficiently substantiated. 6.7 Finally, the Committee recalls that torture and ill-treatment of detainees by security forces and services in the Democratic Republic is still common.3 6.8 The Committee considers that the complainant’s political activities and his recent detention in the Democratic Republic of the Congo, together with the fact that he is being searched in this country, are sufficient arguments to conclude that he would face a personal risk of torture if forcibly returned to the Democratic Republic of the Congo. 7. The Committee against Torture, acting under article 22, paragraph 7, of the Convention, is of the view that the forcible return of the complainant to the Democratic Republic of the Congo would constitute a breach by Switzerland of his rights under article 3 of the Convention. 8. In pursuance of rule 112, paragraph 5, of its rules of procedure, the Committee invites the State party to inform it, within 90 days from the date of the transmittal of this decision, of the steps it has taken in accordance with the above observations. [Adopted in English, French, Russian and Spanish, the English text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to the General Assembly.] ----- 3 See the Committee’s Concluding Observations on the report submitted by the Democratic Republic of the Congo under the Convention against Torture and other forms of cruel, inhuman and degrading treatment (CAT/C/DRC/CO/1/CRP.1), paras. 6 and 7; and the Human Rights Committee’s Concluding Observations on the report submitted by the State party under the International Covenant on Civil and Political Rights (CCPR/C/COD/CO/3), para. 16.

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