CAT/C/62/D/710/2015
Justice and Equality Movement-Sudan (JEM). On 20 June 2005, the complainant was
arrested after having given a speech on human rights violations committed by the Sudanese
Government. He was detained, interrogated and tortured for three days. After his release, he
continued to organize meetings, give speeches and collect money for JEM.
2.2
In 2008, the complainant was arrested at his home and detained by the Sudanese
authorities for three weeks. While in detention, the complainant was told that he would be
killed unless he ceased his political activities. Following his release, he was required to
report to an office of the security services every Saturday. The complainant alleges that the
authorities offered him money in exchange for information on JEM. When he refused to
cooperate, he received further death threats. The complainant left the Sudan at the
beginning of 2010 and entered Switzerland illegally on 25 July 2010.
2.3
The complainant continued his political activities for JEM in Switzerland,
participating in conferences, protests and meetings of the organization. He took part in a
conference of the Sudanese Revolutionary Front in Zurich, in Sudanese opposition
meetings, in a meeting organized by Geneva Call at the United Nations Office at Geneva
and in a meeting organized by the Centre for Humanitarian Dialogue, which took place on
the premises of local radio station, LoRa. He also published several statements on Facebook
strongly criticizing the Sudanese Government. He was appointed personal secretary of the
President of JEM, Switzerland, on account of his activism.
2.4
The complainant alleges that, as a supporter of JEM and an active member of its
Swiss affiliate, he has a well-founded fear of being arrested and subjected to torture and
other inhuman and degrading treatment if he were to return to the Sudan.
2.5
The complainant argues that he has exhausted all domestic remedies available to
him, as, on 22 September 2015, the Federal Administrative Court dismissed his appeal
against the rejection of his third application for asylum. The Court is the final national
authority for asylum appeals.
The complaint
3.1
The complainant argues that his deportation to the Sudan would constitute a
violation of article 3 of the Convention by the State party. He maintains that, if he were
deported to the Sudan, he would risk being subjected to torture or inhuman and degrading
treatment. He argues that he risks being subjected to torture on account of his membership
of JEM and his political activities in the Sudan and in Switzerland.
3.2
The complainant refers to the reports of Human Rights Watch 1 and Amnesty
International 2 on the way in which the Sudanese Government treats the members and
presumed supporters of JEM, which includes the use of arbitrary arrest and torture.
Submissions from the State party
4.1
On 17 December 2015, the State party submitted observations on the admissibility
of the communication.
4.2
The State party notes that the complainant submitted an application for asylum on 26
July 2010. After having heard the complainant on two occasions, the former Federal Office
for Migration, which is now known as the State Secretariat for Migration, dismissed the
application out of hand, considering the complainant’s allegations to be unfounded (Federal
Office for Migration decision of 13 September 2010). In a decision taken on 27 September
2010, the Federal Administrative Court rejected the appeal lodged by the complainant
against that decision.
4.3
On 30 July 2014, the complainant submitted a second application for asylum to the
Federal Office for Migration. After a hearing on 26 September 2014, the State Secretariat
for Migration rejected his second application for asylum on 15 January 2015. It described
1
2
2
Human Rights Watch, Country Summary Sudan, January 2010, available at:
http://www.hrw.org/sites/default/files/related_material/sudan_0.pdf.
Amnesty International, Darfur crisis reaches Sudanese capital, 23 May 2008, available at:
http://www.amnesty.org/en/news-and-updates/darfur-crisis-reaches-sudanese-capital-20080523.
GE.18-01489