CAT/C/62/D/683/2015
2.6
The complainant asserts that he has been a very active and prominent member of the
Swiss branch of the Justice and Equality Movement for nearly three years. Contrary to the
opinion of the Court, he cannot be qualified as a mere participant in the various activities of
the Justice and Equality Movement. Having attended and been photographed at several
conferences, the complainant has most certainly come to the attention of the Government of
the Sudan. He claims that his political involvement is genuine. After the rejection of his
first asylum request, he had gone into hiding out of fear of being removed to the Sudan.
Despite his illegal residence, he nevertheless decided to join the Swiss branch of the Justice
and Equality Movement, demonstrating his commitment to its cause.
2.7
The complainant fears that, as a non-Arab from Darfur belonging to a subsection of
the Fur ethnic group, whose members are represented in the Justice and Equality Movement,
he faces particular danger of persecution by the Sudanese authorities. He submits that, in its
judgment No. E-1979/2008, 6 the Federal Administrative Court recognized that those
Sudanese nationals returned to the Sudan after a long stay abroad generally faced
interrogations and questioning by the Sudanese intelligence service about possible contacts
with opposition groups in exile.
The complaint
3.1
The complainant submits that, if returned to the Sudan, he would face a real risk of
torture by the Sudanese authorities, based on his membership and political function as
secretary for social and media affairs of the Swiss branch of the Justice and Equality
Movement. He claims that the State party would be acting in violation of article 3 of the
Convention should he be removed to the Sudan.
3.2
The complainant contends that the Federal Administrative Court failed to take into
account most of the evidence he submitted to establish that he had a high political profile
that would put him at risk of torture if returned to the Sudan. 7 He claims to have informed
the Swiss authorities about the multiple tasks he undertakes as secretary for social and
media affairs, including informing newly arrived Sudanese nationals about the Justice and
Equality Movement and participating in and organizing its meetings and international
conferences.
3.3
To support his claims of political activism in Switzerland, he submitted two letters
from the Justice and Equality Movement attesting to his status as a member, 8 a copy of his
Justice and Equality Movement membership card, the report on the hearing of 18
November 2014 and photographs of him accompanied by several leading members of the
Movement, taken at a meeting of the Movement at the Volkshaus in Zurich and at the
headquarters of Geneva Call. There are substantial grounds to believe that he would be at
real risk if he were to be returned to the Sudan, in particular given that the State Secretariat
for Migration revealed his identity and political activities to the Sudanese authorities.
3.4
He claims that, if his interest in politics were not genuine, he would have avoided
activities that enabled the Swiss authorities to ascertain his whereabouts. Moreover, the
Justice and Equality Movement’s letters were not issued out of courtesy, since the
organization does not accept individuals who they do not consider to be genuinely
politically engaged. In this regard, he submits that the Movement is very concerned about
being infiltrated by informants working for the Sudanese authorities.
3.5
The complainant submits that the Sudanese authorities have intensified their
crackdown on political activists, in particular those from Darfur. 9 He asserts that prison
6
7
8
9
See Switzerland, Federal Administrative Court, judgment No. E-1979/2008 of 31 May 2013, para.
10.5.
According to the letter issued by the London branch of the Justice and Equality Movement, the
complainant became a member in July 2012.
The complainant provided copies of two letters issued by the London and Swiss branches of the
Justice and Equality Movement.
The complainant quotes from Amnesty International, “Darfur crisis reaches Sudanese capital”; and
the United States of America, Department of State, 2008 Country Reports on Human Rights Practices:
Sudan.
3