LM (risks on return) Republic of Congo (Congo-Brazzaville) CG  UKAIT 00064
Date of hearing: 4 August 2008
Date Determination notified: 01 September 2008
|Secretary of State for the Home Department||RESPONDENT|
There have been improvements in the human rights position in the Republic of Congo since the determination of the Tribunal in BB (MCDDI – Known Political Opponent) Congo Brazzaville CG  UKIAT 00223 was promulgated. The conclusion of the Tribunal in BB that past or present membership of an opposition party including the MCDDI would not lead without more to a real risk of persecution on return to Brazzaville remains valid. There continues to be a danger for some political opponents of the current regime. The test of whether there is a real risk continues to depend upon the individual's background and profile including in particular the extent of his political involvement and whether he has or is likely to come to the attention of the authorities.
"The [appellant] joined the MCDDI in February 1997. In February 1999 she became the secretary of that party. At paragraph 10 of her statement of 28 October 2002, she stated that she was elected secretary and that the aim of the branch was the improvement of the conditions of women by creating social and economic improvements. In August 1997 she had been raped in the family home by COBRA members. Her family had thereafter left for Gabon. In November 1998 they had returned to Congo – Brazzaville. Between February 1999 when she had become Secretary of the MCDDI and to 2002 there had been no further incidents or difficulties with the authorities or anyone else. In February 2002 her father had been arrested without reason but had been released seven days later without charge. On 27 April 2002, her parents had been arrested and detained. She was informed that she and her brother were wanted by the police and as a result they had fled to Gabon in June 2002. They had returned to Congo and in August 2002 decided to visit their parents who were in police custody. Whilst there her brother had been badly beaten and shot by the police and she had also been severely beaten and ill-treated. She had left and returned to Gabon and from there had travelled to the United Kingdom."
The report before us of Mr Melly dealing with country conditions
The background material
"We can find no evidence that human rights abuses are being committed against political opponents in recent years. The recent elections were contested by a number of parties, and boycotted by others, and although there were a number of irregularities which the opposition protested about, we can find no evidence of restrictions on them."
"[The appellant's] arrest warrant and wanted notice read as letters, where they explain the reasons why the documents are issued. A typical wanted notice or arrest warrant should contain the nature of the document as a title and in capital letters. However, if the official templates have run out, the security forces can type their own documents, which may not be in the official format."
Our conclusion in relation to the current situation in the Republic of Congo
Our conclusion in respect of the appellant
For the reasons we have given we reached the following decision:-
(1) The asylum appeal is allowed.
(2) The claim for humanitarian protection is accordingly dismissed.
(3) The appeal is allowed under Article 3 for the same reasons as we have allowed the asylum appeal.
Signed Date 14 August 2008
Senior Immigration Judge Warr
COI Report Republic of Congo, 20 April 2007.
US State Department report on the Republic of Congo, 11 March 2008.
Amnesty International 2007 report on Congo (Republic of), 23 May 2007.
Freedom House 'Freedom in the World 2007: Congo, Republic of Brazzaville)', 26 June 2007.
COI Service Country of Origin Information Request no. 09/07-125, reply 3 October 2007,
allAfrica.com news report "First-Round Polls Marred By Poor Organisation", 28 June 2007,
allAfrica.com news report, "Opposition Protests as Government Wins Polls by Massive majority "13 August 2007,