CAT/C/71/D/790/2016 consistent pattern of gross, flagrant or mass violations of human rights in China, noting that there is no war, civil war or generalized violence on the whole of the territory. Moreover, the complainant does not state that she has been subject to torture or other mistreatment; she affirmed the opposite during the hearing before the State Secretariat for Migration. Furthermore, as for her political activities in Switzerland, the State party does not consider, independently of the non-exhaustion of domestic remedies, that those activities have necessarily attracted the attention of the Chinese authorities. 6.3 The State party refers to the entirety of the domestic decisions and observes that the complainant’s affirmations lack credibility and contain factual inconsistencies. It refers to the reasoning in the decisions of the domestic authorities, i.e. that her allegations are not credible and do not lead to the conclusion that there are serious reasons to believe that she would be exposed to torture in China. Specifically, the State party notes that it has not been established that L’s arrest happened for religious reasons. It is furthermore not credible that the complainant has been or is being searched for, given that the Chinese authorities are unaware of her real identity and it is not plausible that the police searched for her at the residence of a brother in the church in the village of N without arresting the latter, especially because the police officers were accompanied by L’s husband, who knew that L and the complainant often saw each other there. The State party notes that the complainant mentioned only a single policeman who conducted the search before the national authorities, but that there were two policemen according to her complaint. 6.4 The State party observes that it is illogical that, despite the police search, the complainant successfully obtained a passport and visa and left the country by airplane, i.e. through a highly controlled route. She did not offer a plausible explanation in that regard. According to one of the three professors’ statements, that is only possible if the person concerned has never had their details checked at a border crossing or has provided an alias during such a check and has profited from a delay in the registration of his or her fingerprints. The State party notes that, during the asylum hearing, the complainant stated that she had obtained her passport through an intermediary named Z, whereas the complaint now states that her brother in the church personally led her to the competent authority and that Z only intervened for the Schengen visa application at the Embassy of Switzerland in China. 6.5 As for the proof submitted to the Committee, the State party notes that the medical documents concern the complainant’s illness suffered in the third quarter of 2016, rather than her claim. The attestation from the Church of the Almighty God was drawn up on 2 November 2016, well after the alleged facts, and only establishes that the complainant has participated in activities in Switzerland. She never mentioned her membership in the procedure before the national authorities. The statements on her religious beliefs have remained vague and barely substantiated. W’s testimony was prepared after the decision of the State Secretariat for Migration and does not establish that the complainant had problems with the Chinese authorities. In addition, the affirmation in the testimony that the son of L’s husband was able to procure the complainant’s family home address in China does not correspond to the complainant’s declarations that she had presented herself to that family under an alias and that her real identity was therefore unknown. Furthermore, the declarations from the professors contain no information on the individual situation of the complainant, who moreover affirmed that she is not a member of a sect or religious group. The State party concludes that, from the file before it, it cannot be concluded that the complainant is being searched for by the Chinese authorities; her claim relies only on the comments of third parties and, the complainant does not present new elements capable of calling into question the national decisions or rendering credible the existence of a foreseeable, personal, present and real risk of being subjected to torture in case of her return to China. Complainant’s comments on the State party’s additional observations on admissibility and observations on the merits 7.1 On 4 November 2019, the complainant provided her comments on the State party’s observations. She reiterates that the European Court of Human Rights has not examined the same question, having declared her application inadmissible because she invoked the wrong convention. 4

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