CAT/C/78/D/1052/2021 Advance unedited version
making the decision. The Committee also takes note that the State party recognises that in
the absence of a medical statement, the assessment of her vulnerable position remained
deficient when the first decision was made, as it assessed the complainant’s education
background and safety network, but could not take into account her real health status. The
Committee further notes that the State party confirms that based on the current, more precise
instructions, an asylum interview should have been arranged for inquiring appropriately into
indications of the author’s particular vulnerability.
9.7
Having taken account of the arguments presented by the parties, the Committee
considers that the complainant has submitted sufficient elements to suggest that she would
be at risk of being subjected to treatment that violates article 1 of the Convention if she were
returned to the DRC. This is based primarily on the claim that the complainant was subjected
to sexual violence, torture, arbitrary detention and harassment due to her work for a human
rights organisation. The Committee recalls that victims of Post Traumatic Stress Disorder
can suffer from various symptoms, which may affect their ability to disclose all relevant
details or to relay a consistent story throughout the proceedings.14 The Committee observes
that the complainant’s credibility was questioned based on inconsistencies in the
complainant’s statements during the asylum interviews, and recalls that complete accuracy
can seldom be expected from victims of torture and that in order to provide victims of torture
with an effective remedy, State parties should refrain from following a standard credibility
assessment process to determine the validity of a non-refoulement claim.15 The Committee
recalls that the inconsistencies in the complainant’s presentation of the facts do not raise
doubts about the general veracity of her claims, especially since it has been demonstrated that
she suffers from post-traumatic stress disorder.16 The Committee recalls that the State party
should provide the person concerned with fundamental guarantees and safeguards, especially
if the person has been deprived of the person’s liberty or is in a particularly vulnerable
situation, such as a woman who has been subjected to violence.17 The Committee has stated
that these safeguards should include linguistic, legal and medical assistance and that an
examination by a qualified medical doctor, including as requested by the complainant to
prove the torture that the complainant has suffered, should always be ensured, regardless of
the authorities’ assessment of the credibility of the allegation.18 The Committee takes note of
the fact that the State party has acknowledged that certain shortcomings in the proceedings
could have had an impact on the risk assessment and the determination of the credibility of
the complainant’s account, and suggests that under the current legislative framework and
instructions of the Finnish Immigration Service, the assessment of the complainant’s case
possibly would have had a different outcome. Accordingly, the Committee considers that
while the State party has raised concerns about the credibility and plausibility of the
complainant’s account, it drew an adverse conclusion concerning credibility without
exploring a fundamental aspect of the complainant’s claim.19
9.8
The Committee has previously voiced its concern about reports that the practice of
rape in custody is endemic, particularly where women have been detained on account of their
participation, direct or indirect, in some form of political opposition or human rights defence
activities.20 The Committee equally takes note that the ongoing sexual violence against
women has been documented by several UN mechanisms and entities.21 The Committee is of
14
15
16
17
18
19
20
21
14
General Comment No. 4 (2017), para. 42.
Idem.
E.K.W. v. Finland (CAT/C/54/D/490/2012), para. 9.6.
General Comment No. 4 (2017), on the implementation of article 3 on the Convention in the context of
article 22, CAT/C/GC/4, 4 September 2018, para. 40.
Idem, para. 41.
M.B. et al v. Denmark (CAT/C/59/D/634/2014), par. 9.6.
CAT/C/COD/CO/2, par. 32.
See for example: Office of the UN High Commissioner for Human Rights, Democratic Republic of the
Congo:
High
Commissioner
Update,
30
March
2023,
available
at:
https://www.ohchr.org/en/statements-and-speeches/2023/03/democratic-republic-congo-highcommissioner-update. ; BNUDH, Rapport sur la torture et autres peines ou traitement cruels, inhumains
ou dégradants en République démocratique du Congo, October 2022, para. 56. ; A/HRC/48/47, 15 July
2021; OHCHR, “Bachelet says new Government has ‘window of opportunity’ after peaceful political