CAT/C/25/D/144/1999
page 4
4.8
The State party further points out that the author has never claimed to have been
subjected to torture in the past or claimed that relatives of his have been harassed because of his
activities; he has not pursued his political activity since his arrival in Switzerland.
4.9
The State party points out that this communication is the first occasion when the author
has referred to the Union des jeunes révolutionnaires and to his position as vice-president.
Until this point he had only mentioned the Chadian Revolutionary Party; the ANR “component”
he referred to has not been clearly identified. With regard to his membership of the LTDH, the
Swiss Asylum Appeal Commission clearly stated that, apart from the bogus membership card
referred to above, his membership did not sufficiently establish that he would run the risk of
being subjected to torture. With regard to the refusal of the Chadian Embassy in France to issue
the necessary travel documents to him, the State party observes that the letter from the embassy
makes no mention of the fate awaiting him upon his return to Chad. It merely mentions that the
French authorities are unable to provide such documents. Moreover, if the author were really
wanted by the Chadian authorities, they would most likely have encouraged him to return.
Author’s comments
5.1
In a letter of 20 May 2000, the author commented on the State party’s observations on the
merits of the communication.
5.2
The author first draws the Committee’s attention to the fact that the human rights
situation in Chad has continued to deteriorate since 1994. He backs up this statement with
various documents and press clippings. Having been a member of the LTDH, the ANR and the
UJR, he is convinced that, if arrested, he would be subjected to torture.
5.3
With regard to the State party’s observation that he was unable to provide the names of
the organizations he was working for at the first hearing, he points out that it was a particularly
short hearing and he was not questioned on this point. The subsequent hearings were longer and
more detailed, allowing the author to be more specific about his activities.
5.4
As to the discrepancy between the date of joining the LTDH given on his membership
card and the date he mentioned in his statements, the author claims that an error was made on the
card and he was unable to have it corrected. He also states he did indeed give the name of
Mr. Ngare Ada as being acting president of the LTDH.
5.5
As to the ANR, the author is surprised that the State party has not heard that the
organization is part of the opposition movement in Chad. He has provided several press
clippings showing this to be the case, in particular articles referring to a round-table meeting
organized in Gabon in 1996. In addition, the author notes that there was an error in the ANR
attestation claiming that he had sought asylum in the Netherlands, but that he has been unable to
have the document corrected.
5.6
Regarding the route he took when fleeing from Chad, the author believes that the route
through Libya was less closely watched and the safest one for him to take. He points out that the
border with Cameroon is much more closely guarded and there was a strong chance of being
recognized there.