CAT/C/79/D/1055/2021
assistance. In a ruling issued on 21 December 2020, the Court dismissed the claimant’s appeal
and upheld the decision rejecting his claim issued by the State Secretariat for Migration on
24 April 2020. The Court ordered his removal from Swiss territory.
2.6
In Switzerland, the complainant continued his political activities as an active member
of Mouvement pour la renaissance du Cameroun and took part in demonstrations organized
by opponents of the Government of Cameroon. He was responsible for mobilizing
Cameroonian nationals in Switzerland to take part in demonstrations held on 3 October 2020
and organized by the Cameroonian opposition in Geneva.
Complaint
3.1
The complainant states that, according to a report published by Amnesty International
in 2019, the Cameroonian authorities have flagrantly violated the rights to freedom of
expression and peaceful assembly, in particular by preventing or violently dispersing any
demonstrations against the re-election of the President, Paul Biya. Members of Mouvement
pour la renaissance du Cameroun were particularly targeted. In this regard, the complainant
considers that the condition set out in article 3 (2) of the Convention, relating to systematic
violations of human rights in the State concerned, has been met.
3.2
The complainant states that he is the subject of an arrest warrant following his escape
and that he is actively sought by the Cameroonian authorities for alleged offences relating to
his political activities. 5 He claims that the acts of torture and inhuman and degrading
treatment to which he was subjected during his detention have left sequelae, including severe
psychological disorders, post-traumatic stress disorder and a severe depressive episode.6 The
complainant, referring to paragraph 11 of the Committee’s general comment No. 4 (2017),
states that he faces a risk that is foreseeable, personal, present and real. He believes that the
indications of personal risk that he faces may include his ethnic origin7 and the fact that he
was previously subjected to acts of torture. The complainant points out that, in addition to
being a member of Mouvement pour la renaissance du Cameroun, he has held an important
position within this opposition party. This makes him a significant figure in the eyes of the
Cameroonian authorities.
3.3
The complainant considers that the State party did not give him the opportunity to
demonstrate the risks that he would face if he was forcibly returned to Cameroon. He also
believes that the single-judge decision taken against him by the Federal Administrative Court
deprives him of proper legal protection and is contrary to article 21 of Act No. 173.32 of 17
June 2005 on the Federal Administrative Court, which establishes that the court’s decisions
must be handed down by a panel of three judges. 8
3.4
The complainant maintains that, in the event of his return to Cameroon, where he risks
being subjected to torture and other inhuman and degrading treatment, the State party would
be in violation of its obligations under article 3 of the Convention. Given the urgency of the
matter, the complainant requests the Committee to grant him interim measures.
3.5
The complainant claims that he has exhausted all available domestic remedies and
that his complaint has not been submitted for examination by any other procedure of
international investigation or settlement.
5
6
7
8
GE.24-09258
See the arrest warrant attached to the case file, which was issued against the complainant on
4 December 2019 by the Criminal Investigation Department of the Centre Region for the acts of
“escape from prison, political activism, participation in the prohibited march and presence in places
prohibited by the administrative authorities”. Also attached to the case file is a copy of a wanted
notice dated 17 December 2019, which was issued by the same authority in respect of the
complainant.
See the medical certificate issued on 4 January 2019, which was submitted by the complainant.
In this connection, the complainant claims that politics in Cameroon are conducted along ethnic and
tribal lines. Given that he is originally from the centre of the country, and the members of Mouvement
pour la renaissance du Cameroun are mainly from the west, the Mouvement saw him as a lever for
expanding into the centre.
However, article 111 of the Asylum Act recognizes the competence of single judges in this area.
3