CAT/C/53/D/450/2011
State party could have had the scars examined by an expert. The State party had the
necessary financial and logistical means to have tests done for signs of torture, unlike the
complainant, who had just arrived in the country and had no such means. Consequently, the
complainant maintains that, in the light of the Committee’s general comment No. 1,
paragraph 5, he has established an arguable case and has provided medical evidence of
torture.
5.4
Regarding the State party’s assessment that the complainant’s description of his
detention was lacking in details, he considers that, in his asylum applications, he gave a
consistent description of his detention and provided sufficient details concerning the acts
committed against him and their frequency, including a graphic description of how he was
raped with a bottle. He adds that it took considerable effort on his part to be able to talk
about the incidents of torture and indicates problems relating to confidence and courage as
having prevented him from saying more.
5.5
The complainant refutes the State party’s allegation that his account of his departure
from prison lacks credibility. According to the complainant, his former employer allegedly
also helped him to escape out of fear that during the complainant’s trial the latter might
disclose his employer’s engine oil smuggling activities. The State party found it
inconceivable that the complainant’s former employer should fear the authorities’ reactions
to statements made by a member of a low caste. The complainant emphasizes that it is
nevertheless common knowledge that the Yemeni authorities are feared by the population
because of their practice of torture and incommunicado detention.
5.6
The complainant notes that the State party does not contest his involvement in
political activities or the fact that the Government of Yemen keeps a watch on political
activities in Switzerland. However, the distinction made by the State party between activists
and serious government opponents is not an accurate reflection of the situation in Yemen.
While charges against and trials of opponents tend to be limited to the leaders of
movements, the arbitrary arrest, torture in detention and enforced disappearance of persons
involved in political demonstrations are a common occurrence. Hundreds of unarmed
demonstrators have been killed since the beginning of the popular uprisings. The
complainant therefore considers that he faces a risk of torture, if returned, for publicly
criticizing the Government in the press and participating in demonstrations in Switzerland.
As regards his illiteracy, the complainant explains that a friend helps him to write his
articles but that the opinions expressed in them are his own.
5.7
The complainant concludes that the State party has not expressed significant doubts
about the complaint and that, in view of the reports of the situation in Yemen, there are
substantial grounds for believing that he could be subjected to torture, within the meaning
of article 1 of the Convention.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a complaint, the Committee against
Torture 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.
6.2
The Committee recalls that, in accordance with article 22, paragraph 5 (b), of the
Convention, it shall not consider any communication from an individual unless it has
ascertained that the individual has exhausted all available domestic remedies. The
Committee notes that in the instant case the State party has recognized that the complainant
GE.15-00369
9