CAT/C/64/D/738/2016

17 September 2012, the complainant lodged an appeal against this decision with the Federal
Administrative Court. The Court did not rule in his favour and upheld the decision of the
lower authority. The complainant was given until 30 August 2013 to leave Switzerland. He
requested a review of the judgment handed down by the Federal Administrative Court. The
latter once again ruled that he must leave Swiss territory.
2.3
The complainant did not leave Switzerland; instead, he filed an application for
reconsideration of the decision of the State Secretariat for Migration on 1 December 2014.
In a decision issued on 12 December 2014, the State Secretariat for Migration suspended
the enforcement of the order regarding his expulsion to the Democratic Republic of the
Congo. Eventually, on 5 January 2016, the State Secretariat for Migration rejected his
application and confirmed that he must leave Switzerland. Consequently, on 11 February
2016, the complainant lodged an appeal with the Federal Administrative Court. In a
judgment handed down on 4 March 2016, the Court declared his appeal inadmissible. The
complainant has exhausted all domestic remedies and fears that he may be expelled to the
Democratic Republic of the Congo at any time.
2.4
The complainant is afraid to return to his country because of the activities in which
he took part after he fled and because he remains involved in the Alliance des patriotes pour
la refondation du Congo (Alliance of Patriots for the Refoundation of the Congo)
(APARECO) movement. The president of the movement is Honoré Ngbanda, an opponent
of the current Government. The aim of this political organization is to free the Democratic
Republic of the Congo from occupation by Rwanda and its allies. The Government of the
Democratic Republic of the Congo accuses APARECO of instigating the rebellion that
occurred in late 2009 and early 2010 in the Province of Équateur and plotting a coup d’état
with a Congolese military commander, General Faustin Munene.
2.5 The complainant claims to have been very active within this organization since 2010.
He allegedly holds a position of responsibility in the Zurich committee of APARECO
Switzerland.1 Furthermore, the complainant reports that he often makes public statements
on the current situation in the Democratic Republic of the Congo. When submitting his
asylum applications, he included several documents and photographs that proved his
commitment and affiliation to this dissident political movement. 2
2.6
As a result of his political activities, members of his family who live in Kinshasa
have been persecuted by the security services of the Democratic Republic of the Congo,
who accuse them of maintaining links with APARECO. His younger brother was arrested
by the security services on account of the complainant’s political activities in Switzerland.
Moreover, the complainant himself frequently receives death threats by email, post and
telephone.3
The complaint
3.
The complainant maintains that he is the victim of a violation of article 3 of the
Convention by the Swiss authorities, who have ordered his expulsion to the Democratic
Republic of the Congo, where he will be at risk of being subjected to torture and other cruel,
inhuman or degrading treatment or punishment. Given his political involvement and
activities in Switzerland, his life and physical integrity are at considerable risk.
State party’s observations on the merits
4.1
On 29 September 2016, the State party submitted its observations on the merits of
the communication. It recalls that the complainant submitted an initial communication to
the Committee on 8 July 2009 (communication No. 394/2009). On 1 May 2014, the
Committee struck that communication off the list of cases because the complainant had not
made contact with the Committee since filing the complaint. It then recalls the facts and the

1

2
3

2

From 2010 to 2011, he served as a councillor for youth affairs; since 2011, he has held the position of
municipal committee secretary.
See the attached record of the hearing of 1 May 2012.
Evidence of such threats was provided during his asylum application hearing (see the record of the
hearing of 1 May 2012).
GE.18-16592

Select target paragraph3