CAT/C/79/D/1055/2021
he or she is facing deportation, either as an individual or as a member of a group which may
be at risk of being tortured in the State of destination and, second, that the Committee’s
practice has been to determine that “substantial grounds” exist whenever the risk is
“foreseeable, personal, present and real”.24 It also recalls that the burden of proof is borne by
the complainant, who must present an arguable case, that is, submit substantiated arguments
showing that the danger of being subjected to torture is foreseeable, personal, present and
real. However, when the complainant is in a situation where he or she cannot elaborate on
his or her case, the burden of proof is reversed and the State party concerned must investigate
the allegations and verify the information on which the communication is based. 25 The
Committee gives considerable weight to findings of fact made by organs of the State party
concerned; however, it is not bound by such findings, as it can make a free assessment of the
information available to it in accordance with article 22 (4) of the Convention, taking into
account all the circumstances relevant to each case.26
7.5
The Committee notes the complainant’s argument that the human rights situation in
Cameroon is generally worrying and that the authorities resort to the use of torture against
opponents,27 bring civilians accused of separatism before the military courts, 28 and restrict
the freedom of expression and peaceful assembly of members of Mouvement pour la
renaissance du Cameroun. The Committee also notes the State party’s argument that, despite
the unrest in the English-speaking part of Cameroon (that is, in the North-West and
South-West regions), the country as a whole is not experiencing a situation of war, civil war
or generalized violence, and that, moreover, the reports of human rights violations against
members of Mouvement pour la renaissance du Cameroun are documents of general scope
that do not concern the complainant personally. The Committee also recalls that the existence
of human rights violations in a complainant’s country of origin is not, in itself, sufficient for
it to conclude that he or she runs a personal risk of being tortured. 29 Therefore, the mere fact
that human rights violations occur in Cameroon is not in itself sufficient to conclude that the
complainant’s expulsion to that country would constitute a violation of article 3 of the
Convention.30
7.6
The Committee notes the complainant’s claim that, as the head of a local unit of
Mouvement pour la renaissance du Cameroun in Yaoundé, he campaigned for that party
during the 2018 presidential election, took part in several anti-government demonstrations,
including on 9 April and 1 June 2019, and was arrested on 15 April and 1 June 2019 and
detained until 25 November 2019. The Committee also notes the complainant’s allegations
that, during his arrest on 15 April 2019, police officers ill-treated him, remonstrated with him
for abandoning Rassemblement démocratique du peuple camerounais and forced him to sign
a document in which he undertook to leave Mouvement pour la renaissance du Cameroun.
The Committee notes that the State party stresses in its observations that, as the complainant
did not return to Cameroon in September 2018, his claims to have engaged in political
activities, in particular in 2019, are not plausible, and that the State Secretariat for Migration
expressed doubts about the events that he claimed to have experienced.
7.7
As for the political activities carried out in Switzerland, the Committee notes the
claims that the complainant was responsible for mobilizing Cameroonian nationals living in
Switzerland to take part in the demonstrations on 3 October 2020 in Geneva. It also notes
that, according to the State party, the complainant had not substantiated his claim to have
played a part in rallying support for Mouvement pour la renaissance du Cameroun in
24
25
26
27
28
29
30
GE.24-09258
Committee against Torture, general comment No. 4 (2017), para. 11.
Ibid., para. 38.
Ibid., para. 50.
See https://www.hrw.org/news/2019/08/20/cameroon-detainees-tortured.
See https://www.la-croix.com/Religion/Cameroun-pretre-comparait-devant-justice-militaire-2021-0610-1201160461.
A.M. v. Switzerland (CAT/C/65/D/841/2017), para. 7.7.
See the following decisions on the expulsion of persons to Ethiopia: H.K. v. Switzerland
(CAT/C/49/D/432/2010), para. 7.5; R.D. v. Switzerland (CAT/C/51/D/426/2010), para. 9.7;
X. v. Denmark (CAT/C/53/D/458/2011), para. 9.6; E.E.E. v. Switzerland (CAT/C/54/D/491/2012),
para. 7.7; M.F. v. Switzerland (CAT/C/59/D/658/2015), para. 7.7; T.Z. v. Switzerland
(CAT/C/62/D/688/2015), para. 8.7; and X. v. Switzerland (CAT/C/65/D/765/2016), para. 7.8.
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