AG (Returnees – deserters - prison conditions) Rwanda CG  UKIAT 00289
Date of hearing: 21 September 2004
Date Determination notified: 28 October 2004
|Secretary of State for the Home Department||RESPONDENT|
"415. In the event of a Rwandan having a supervised return to the country or returning to the country without the appropriate travel documentation Rutikanga [Chief Security Officer, Rwanda Airport Authorities] stated that additional questions would be asked. Firstly, the authorities would wish to satisfy themselves that the returning individual is not wanted for suspected involvement in the genocide or any other crime".
(a) a failed asylum seeker is not as such at real risk upon return to Rwanda;
(b) the Appellant, as a deserter from the Rwandan army, is reasonably likely to be identified as such upon return;
(c) he will be proceeded against for the offence of desertion in the Military Courts;
(d) any punishment he is likely to receive for the offence of desertion will not be disproportionate;
(e) conditions in Rwandan prisons are in general not such as to violate Article 3 of the ECHR; and
(f) as a 26 year old young man with no identified medical problems, there is nothing in his own circumstances to show that he would suffer Article 3 ill-treatment by reason of being imprisoned.
P R LANE
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