CAT/C/66/D/829/2017 The facts as submitted by the complainant 2.1 In 2008, the complainant worked as a storekeeper and courier for the businessman Patrice Talon, his wife’s uncle and the current President of the Republic of Benin. On 23 October 2012, an international arrest warrant was issued against Patrice Talon, who was suspected of conspiring with certain individuals in his entourage to poison the then Head of State, Thomas Boni Yayi. As Mr. Talon’s courier, the complainant was suspected of having been involved in the case. 2.2 In October 2012, three masked men in civilian clothes, members of the Beninese secret service, entered the complainant’s home late at night. The complainant was taken by car to the “Petit Palais”, a detention facility in Cotonou, where he was imprisoned for two weeks, naked, in a dark room with only one small slit window high up. He was tortured and interrogated there several times a day to force him to admit that he had conspired with Patrice Talon in the assassination attempt on the Beninese President. He was punched in the face, hit with a machine gun in the back and once on the right brow bone, causing him to lose consciousness. He was forced to do knee bends with weights on his shoulders, while being hit on the knees with a whip that had sharp blades on the end. He still has scars and continues to suffer pain as a result of this. The complainant also claims that he was raped every night by a masked soldier whom he was unable to identify. On one occasion, his torturers injured his penis with pliers, causing an infection. The complainant still bears the scars. 2.3 The complainant was then asked to pay a ransom of around US$ 4,000 on the orders of the Central Police Superintendent of Cotonou in charge of the poisoning case. His jailers accompanied him to his home so that he could give them the money, ordered him to say nothing about the events that had taken place at the Petit Palais and threatened to kill him or members of his family if he left the country. 2.4 Having returned to his job as a storekeeper, the complainant regularly received calls telling him not to recount his ordeal. In February 2013, when the complainant was on his way home from work, his wife called him, crying, because men in civilian clothes had come to the house and taken away some documents and his computer. At that point, the complainant fled from Cotonou to Mederos Condi, where his mother had a house. The complainant’s wife and child went to live with his mother-in-law. 2.5 The complainant stayed with his mother for about eight months. On 8 October 2013, his wife contacted him to say that she had received an anonymous call warning her that people were about to come for him because Patrice Talon had supposedly financed the Red Wednesday campaign, a protest movement against constitutional reform, through him. He then left Mederos Condi and went to another village, where he stayed while arranging his escape. 2.6 On 12 October 2013, the complainant arrived in Switzerland and lodged an asylum application in Vallorbe that same day. By decision of 2 April 2014, the Federal Office for Migration rejected the complainant’s asylum application and ordered his deportation from Switzerland. On 24 February 2015, the Federal Supreme Court dismissed the complainant’s appeal and upheld the deportation order. On 19 October 2015, the complainant lodged a request for reconsideration with the State Secretariat for Migration, which had replaced the Federal Office for Migration. The State Secretariat for Migration handed down an unfavourable decision on 22 March 2016, arguing that the complainant had submitted his allegations of sexual violence too late. On 22 April 2016, the complainant filed an appeal against this decision with the Federal Administrative Court. His appeal was dismissed on 1 June 2016. 2.7 The complainant suffers from post-traumatic stress disorder and is going through a moderate to severe depression. He also suffers from sleep disorders and has frequent nightmares, in which he relives the attacks. Furthermore, he has pain flashbacks that cause his memories of the torture to resurface. Currently, he receives psychotherapy on a weekly basis and takes strong psychotropic medication; both of these treatments are necessary in order to maintain his physical integrity. According to the medical certificate of 30 May 2017, he is deemed to be at a high risk of self-harm. The complainant is also being monitored by the University Medical Polyclinic in Lausanne. He claims that he is afraid of 2 GE.19-12653

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