CAT/C/12/D/13/1993
page 2
ANNEX
Views of the Committee against Torture under article 22,
paragraph 7, of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
- Twelfth session concerning
Communication No. 13/1993
Submitted by:
Mr. Balabou Mutombo [represented by counsel]
Alleged victim:
The author
State party concerned:
Switzerland
Date of communication:
18 November 1993
Date of decision:
27 April 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 27 April 1994,
Having concluded its consideration of communication No. 13/1993,
submitted to the Committee against Torture on behalf of Mr. Balabou Mutombo
under article 22 of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the
author of the communication, and by the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.
The author of the communication (dated 18 October 1993) is Balabou
Mutombo, a Zairian citizen, born on 24 November 1961, at present living in
Switzerland and seeking recognition as a refugee. He claims to be a victim of
a violation by Switzerland of article 3 of the Convention against Torture. He
is represented by counsel.
Facts as submitted by the author
2.1
The author states that he has been a member of the Zairian Armed
Forces since 1982. In 1988, he clandestinely became a member of the political
movement Union pour la démocratie et le progrès social (UDPS), as he felt
discriminated against because of his ethnic background (Luba). His father
had been a member of the movement since its launch in 1982 and was allegedly