CAT/C/46/D/369/2008
The facts as submitted by the complainant
2.1
The complainant is from Nkayi, a town in the south of the Republic of the Congo.
He is an activist and an active member of the Pan-African Union for Social Democracy
(UPADS) and has always played an important role in the establishment of democracy in his
country of origin. He was president of the UPADS youth movement.
2.2
From 1997–1998, during the clash between Government troops and the militia of the
future President Sassou-Nguesso, the complainant became a target of the Sassou-Nguesso
militia because of his political opinions and because of the role he played against the
attempt by Sassou-Nguessou’s forces to take power. On 15 January 1999, the complainant
was able to take refuge in Côte d’Ivoire, from where he continued his political activities. He
joined the Cercle d’études pour le retour de la democratie au Congo (Discussion group for a
return to democracy in the Congo) (CERDEC). The complainant’s elder brother, G.D.B.,
collaborates closely with the founder of CERDEC and lives in exile in Russia.
2.3
Following a recommendation by leading members of CERDEC, the complainant
decided not to disclose the real reasons why he had fled in his asylum application to Côte
d’Ivoire, reckoning that Sassou-Nguesso was on good terms with the president of Côte
d’Ivoire and would thus be able to pursue CERDEC activists.
2.4
During his stay in Côte d’Ivoire, the complainant established an association known
as Jeunesse pour la paix, l’entreprise et l’unité (Youth for peace, enterprise and unity) (JEPEU). The association enjoyed some success and a number of young people joined, mainly
supporters of Alassane Ouattara from the north. Supporters of Laurent Gbagbo thought the
association likely to encourage the emergence of nationals from the north and,
consequently, the complainant was threatened by some Young Patriots. Fearing for his life
and safety, he left Côte d’Ivoire to join his brother in Russia. In view of the racism and
attacks to which he was subjected there, the complainant left Russia.
2.5
On 26 December 2003, the complainant applied for asylum in Switzerland. On 25
August 2004, the Federal Office for Migration rejected his asylum application. On 24
November 2008, the Federal Administrative Tribunal rejected his appeal and set 5 January
2009 as the deadline for his departure from Switzerland.
2.6
During his stay in Switzerland, the complainant continued to run his JE-PEU
association, which is considered close to CERDEC.
2.7
On 10 January 2009, the complainant provided new evidence, including an
attestation from the president of CERDEC and some of his elder brother’s identity
documents.
The complaint
3.1
The complainant claims that although an amnesty has been signed allowing all
opponents to return to the Republic of the Congo, scores are settled against people from the
south who are considered to be real opponents of the current regime. He also contends that
his brother G.D.B.’s activities, which are very hostile to the Sassou-Nguesso regime, would
put him at substantial and serious risk. Several persons close to his family have been
persecuted by the current regime for their ties with his brother and have been subjected to
torture and other cruel and humiliating punishment.
3.2
He also contends that as a member of an opposition party he risks being
interrogated, pressured or subjected to other measures to make him disclose the true nature
of his activities abroad. Moreover, the fact that he established and directed the prodemocracy association JE-PEU after he fled would place him at risk, in particular as both
his association and his party are opposed to the current ideologies of the ruling power in the
Congo. In support, the complainant cites the case of Mr. G.T.M., who was arrested in
GE.11-43871
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