1990, the author was arrested together with other demonstrators, after having participated
in a demonstration against the Government.
2.2 The author submits that he was kept in detention in a prison camp. He was allegedly ill
treated, beaten and threatened. After a month, the author was transferred to the military
offices in town. He then managed to escape with the help of a military officer, who was of
the same ethnic background as the author. After having been in hiding in a village, with
friends of his cousin, he boarded an Air Zaire plane for Rome, with a false passport which
had been furnished by his cousin. After arrival in Italy, he sent the passport back to his
cousin, as agreed. Some Africans in Rome helped him cross the border with Switzerland,
where he arrived in late August 1990.
2.3 Upon arrival in Switzerland, the author requested recognition as a refugee. In July 1992,
the Office fédéral des réfugiés rejected his request, because the demonstration of June
1990, during which the author allegedly was arrested, had never been reported; this gave rise
to doubts about the authenticity of the author's account. The author's appeal was rejected by
the Commission suisse de recours en matière d'asile et de renvoi in May 1994. The
Commission considered that the author's story had little credibility, given inter alia the fact
that he had not been able to describe in detail his place of detention and that he had not
furnished any documentary evidence in support of his personal claim. The author was
ordered to leave Switzerland before or on 30 August 1994, failing which he would be
returned to Zaire.
2.4 In January 1994, the author was joined by his daughter, who was born in Zaire in 1987.
In Switzerland, the author began a relationship with Ms. Y; a daughter was born in June
1994. Because of the birth, the expulsion was deferred to the end of September 1994.
The complaint:
3.1 The author argues that the political situation in Zaire has not improved and that President
Mobutu continues to terrorize the country. His family members still in Zaire have informed
him that the human rights situation in the country is bad and that there is practically no
political opposition left. The author submits that he fears for his security, and points out that
at least one asylum seeker, who had been returned by Belgium to Zaire in April 1990, had
been arrested upon return and beaten, and subsequently disappeared. The author also states
that his cousin has told him not to return to Zaire, because of the risks involved.
3.2 The author claims that his forced return to Zaire would be in violation of article 3 of the
Convention. In this context, he refers to the Committee's Views in communication No.
13/1993, Mutombo v. Switzerland, where the Committee concluded that a consistent pattern
of gross, flagrant or mass violations of human rights existed in Zaire. The author argues that
his family background as well as his personal experience as a political opponent in Zaire,
make it predictable that he will be arrested upon arrival in Zaire, and consequently be
subjected to maltreatment and torture. In this context, he submits that an article recently
published in Zaire attributed certain political opinions to him.

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