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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> TT (Risk UDPS) Democratic Republic of Congo [2002] UKIAT 06471 (12 February 2003) URL: https://www.bailii.org/uk/cases/UKIAT/2002/06471.html Cite as: [2002] UKIAT 6471, [2002] UKIAT 06471 |
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TT (Risk - UDPS) Democratic Republic of
Congo
[2002]
UKIAT 06471
HX23788-2002
Date of hearing: 16 December 2002
Date Determination notified: 12 February 2003
| TT | APPELLANT |
| and | |
| Secretary of State for the Home Department | RESPONDENT |
Congo
, appeals, with leave, against the determination of an Adjudicator,
Miss M E Lewis dismissing his appeal against the decision of the Respondent on
25 April 2001 to issue removal and refuse asylum
Congo
. On 7 July he was
attending an illegal public meeting outside the home of the leader of the
party with some hundreds of others. The police raided the meeting and arrested
a number of the attendees. The Appellant was among those arrested, but there
is no evidence that he was specifically targeted. He claims that he was held
in prison and ill treated for twenty days following which the door of his cell
was opened and a man who he did not know took him out of prison and handed him
over to someone else, who took him to
Congo
Brazzaville and from there to the
UK. The Appellant assumes that it was someone from UDP his who arranged his
escape but does not know. Once here he joined the UK branch of the UDPS and
was appointed to the role of secretary liaison. However he was replaced in
this job in July 2001, and has held no post in the party since.
"On January 13, security forces arrested, detained and tortured for five days UDPS activist Crispin Banda, reputedly for distributing brochures on the Lusaka Accord. He was accused of committing offences against President Kabila but all charges subsequently were dropped and he was freed on 2 February. On 29 February, rapid intervention police arrested seven members of the UDPS in Kinshasa near the home of the UDPS President and detained them out in jail in Kinshasa where security agents reportedly lashed them with whips until their release the following morning."
"4.3 Political parties are allowed to exist and registered political parties can engage in political activities although some political activists have been subject to arrest and detention. Political parties have to be registered with the government to be officially recognised
5.20 On 17 May 2001 President Kabila issued a decree liberalising political activities. Under the decree, political parties can function legally upon simple notification to the Ministry of the Interior and on condition that founding members have national representation. The new law imposes some onerous conditions on political parties.
5.22 Political party offices by and large remained open and members of political parties can carry out internal administrative functions. In 2001, opposition parties were able to hold private meetings without government harassment, which had not been the case in previous years. The government, however, prevented most public political gatherings and press conferences. Government harassment of various political parties decreased in 2001 as compared with previous years. …… also, in 2001, there were no reports the government prevented opposition party members from travelling.
5.33 Information obtained from the British Embassy in Kinshasa in 2001 indicates that Embassy officials there are not aware of any reports that indicate failed asylum seekers returned to the DRC via Kinshasa are subject to detention or persecution - either on arrival at the city's airport or subsequently."
Congo, but fits well with the Adjudicator's assessment that he was only
engaged in low level activities. Moreover such activity as he did undertake
for party whilst in the DRC took place some years ago. His only arrest was
whilst taking part in an illegal public meeting (illegal because his party
refused to register). He was arrested along with a number of other people and
the death threat to which he referred at his asylum interview was again, even
if true, expressed as general intimidation to all the detainees and he was
released without charge. We also have regard to the fact that there are no
known examples of failed asylum seekers facing persecution or ill-treatment on
return. We conclude from all this that there is no error in the Adjudicator's
conclusion that there is no reasonable likelihood that the Appellant, given
his profile, will be at real risk of persecution on return.
Spencer Batiste
Vice-President