CAT/C/65/D/841/2017

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
23 January 2019
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 841/2017*, **
Communication submitted by:

A.M. (represented by counsel)

Alleged victim:

The complainant

State party:

Switzerland

Date of complaint:

4 September 2017 (initial submission)

Date of present decision:

15 November 2018

Subject matter:

Deportation to the Democratic Republic of the
Congo

Procedural issue:

Exhaustion of domestic remedies

Substantive issue:

Risk of torture

Article of the Convention:

3

1.1
The complainant is a national of the Democratic Republic of the Congo, born on 2
January 1975. He applied for asylum in Switzerland, but his application was denied on 27
April 2017. He is under an expulsion order to the Democratic Republic of the Congo and
considers that his expulsion would constitute a violation by Switzerland of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by Mr. Ange Sankieme Lusanga.
1.2
On 6 September 2017, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided not to accede to the complainant’s request for
interim measures.
The facts as presented by the complainant
2.1
The complainant worked for the National Intelligence Agency from April 2001 until
his departure from the Democratic Republic of the Congo in March 2012. He is also a
member of the Armée de résistance populaire, a political movement led by Major General
Benoît Faustin Munene, who lives in exile in the Congo. 1

* Adopted by the Committee at its sixty-fifth session (12 November–7 December 2018).
** The following Committee members participated in the consideration of the communication: Essadia
1

Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang.
He joined the Armée de résistance populaire at the end of 2015 and produced a document, dated 10
March 2017 and signed by Major General Munene, attesting to his active membership in the Armée
and to the ill-treatment to which its members are subjected on return to the country.

GE.19-01119 (E)

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