Advance unedited version CAT/C/78/D/1052/2021
the view that the challenging context in the country and the particularly vulnerable situation
of the complainant, a young female lawyer working on human rights who was priorly
subjected to rape and detention for reasons linked to her work and is suffering from PTSD,
should have caught the attention of the State party and constitute sufficient grounds for
investigating the alleged risks more thoroughly.22
9.9
On the basis of all the information submitted to it, and taking into account the human
rights situation in the country, including the widespread violence against women and the
endemic practice of rape in custody, the Committee is of the view that the complainant has
provided sufficient evidence and an arguable case for it to consider that a possible foreseeable
consequence of her forced return to the DRC would be that she would be exposed to a
foreseeable, personal, present and real risk of being subjected to torture within the meaning
of article 3 of the Convention. The Committee considers that the State party has not
sufficiently considered the particularly vulnerable situation of the complainant, did not
provide her with the necessary safeguards, and did not adequately assess the medical
statements related to the torture she was submitted to and failed to sufficiently investigate
whether there are substantial grounds for believing that she would be in danger of being
subjected to torture if returned to her country of origin. 23
10.
The Committee, acting under article 22 (7) of the Convention, considers that the
return of H.U. to the DRC would constitute a breach of article 3 of the Convention by the
State party.
11.
The Committee is of the view that the State party is required by article 3 of the
Convention to re-asses the complainant’s asylum application, taking into account her
particularly vulnerable situation and providing her with the necessary safeguards, in the light
of its obligations under the Convention and the present findings. The State party is also
requested to refrain from expelling the complainant while her asylum application is being reassessed.
12.
Pursuant to rule 118 (5) of its rules of procedure, the Committee invites the State party
to inform it, within 90 days of the date of transmittal of the present decision, of the steps it
has taken to respond to the above observations.
22
23
transition”, 29 January 2020, available at: https://www.ohchr.org/en/press-releases/2020/01/dr-congobachelet-says-new-government-has-window-opportunity-after-peaceful . See also: Report of the team
of international experts on the Democratic Republic of the Congo, A/HRC/51/60, 18 August 2022.
See: Nijimbere v. Sweden (CAT/C/75/D/984/2020), para. 7.8.
See M.B. et al v. Denmark (CAT/C/59/D/634/2014), par. 9.8.
15