Index of Documents in Support of CLIENT’s Application for Asylum, Withholding of Removal, and Relief under the Convention Against Torture Tab Exhibit Page A Affidavit of Mr. CLIENT 1 B Letter in support of Mr. CLIENT’s asylum application from his wife --- dated 20 September1, 2012, with translation and copy of the envelope in which the letter arrived Identity Documents C Copy of the biographic page of Mr. CLIENT’s passport 27 D Copy of Mr. CLIENT’s B1/B2 Visa and I-94 card, establishing date of entry as DATE 28 Background Information Regarding Mr. CLIENT’s Asylum Claim E United States Department of State, Background Note: Republic of the Congo (January 30 3, 2012), available at: http://www.state.gov/outofdate/bgn/congobrazzaville/193657.htm [last accessed September 19, 2012] “The Republic of the Congo is slightly larger than New Mexico, but vast areas in the north include jungles that are virtually uninhabited. Congo is one of the most urbanized countries in Africa, with 70% of its total population living in Brazzaville, Pointe-Noire, or along the 332-mile railway that connects them. In southern rural areas, industrial and commercial activity suffered as a consequence of the civil wars in the late 1990s. “ F United States Department of State, 2011 Country Reports on Human Rights Practices - 36 Republic of the Congo (May 24, 2012), available at: http://www.state.gov/documents/organization/186397.pdf [last accessed September 19, 2012] “Denis Sassou-Nguesso was reelected president in 2009 with 78 percent of the vote, but the validity of these figures is questioned. The 2009 election was peaceful, and the African Union declared the elections to have been free and fair; however, opposition candidates and nongovernmental organizations (NGOs) cited irregularities.” One of the biggest concerns was “torturing detainees by security forces and poor prison conditions….The security forces include the police, the gendarmerie, and the military. The police and the gendarmerie are responsible for maintaining internal order, with police primarily in cities and the gendarmerie mainly in other areas. In early 2011, inmates and pretrial detainees in Brazzaville's prison were reportedly tortured two to three times per month by gendarmes during the night, after the regular prison staff departed the premises at 5 p.m.” Tab Exhibit Page “Although the Human Rights Commission (HRC) was established for the public to report security force abuses, impunity for members of the security forces remained widespread. The government-sponsored Human Rights Commission (HRC) is charged with acting as a government watchdog and addressing public concerns on human rights issues. Some civil society members claimed that the commission was completely ineffective, lacked independence, was primarily represented by persons who have no expertise in human rights, and was created to appease the international community. President Sassou-Nguesso appointed most, if not all, of its members.” “Regional ethnic discrimination existed among all ethnic groups and was evident in government and private sector hiring and buying patterns. The relationships among ethnic, regional, and political equities can be difficult to discern. A majority of the president's cabinet members and generals originate from the country's northern Departments.” G Amnesty International, Annual Report 2012: The State of the World’s Human Rights: 61 Republic of the Congo, available at: http://www.amnesty.org/en/region/congo/report- 2012 [last accessed September 19, 2012] “Torture and other ill-treatment by members of the security forces were reported, in some cases leading to deaths. Government critics were arbitrarily arrested or ill- treated by security forces. Members of the security forces tortured or otherwise ill- treated detainees with impunity, in some cases resulting in deaths. The judiciary failed to respond to complaints by relatives of detainees who died in custody in previous years. Anicet Elion Kouvandila died on 2 June after he was detained for eight days and severely beaten at Lumumba police station in the capital, Brazzaville. Relatives found his body at a mortuary, registered under a different name.” “The authorities broke up demonstrations by government opponents. A government critic was briefly detained.” H UNHCR, Country of Origin information Workshop: Final Report- Republic of 63 Congo (December 1999) available at: http://www.unhcr.org/refworld/pdfid/402cffb92.pdf [last accessed September 19, 2012] In 1992, the country’s first multi-party elections were held, and Pascal Lissouba was elected President. When he dissolved the national assembly, and scheduled new elections in 1993, civil unrest ensued. “In 1993, Brazzaville was divided into three parts: Sassou-Nguesso controlled the Northern parts of the capital, Bernard Kolélas was in control of the South, and Lissouba held the centre of the city. During this time many people were killed, tortured and driven from their homes because they belonged to the “wrong” ethnic group.” “Lissouba having formed his Cocoye militia (also known as Mamba), Kolélas decided to 2 Tab Exhibit Page establish his own militia, the Ninjas. As a civilian with no connection to the military he asked Sassou-Nguesso for support. Sassou-Nguesso provided him with former government soldiers to form a militia which became known as the Ninjas. Sassou- Nguesso had also established a militia called the Cobras.” Documents Establishing that Mr. CLIENT Suffered Persecution I Copy of national police summons dated XX requiring Mr. CLIENT to report on XX, 69 with translation K Copy of Mr. CLIENT’s discharge paper from the hospital ----- stating his diagnosis 75 upon admission on XX and his diagnosis upon discharged on XX, with translation L Affidavit of Dr. Nora E. Rowley, regarding the forensic medical examination she 78 conducted of Mr. CLIENT “The right index finger lateral deviation . is highly consistent with a healed deformed fracture . This deformed fracture is highly consistent with high force blunt trauma of the rifle butt repeatedly slammed down against his planted right hand.” M Mental Health Evaluations: 91 • Affidavit of John P. Neafsey, Psy.D., regarding the psychological examination he conducted of Mr. CLIENT “Mr. CLIENT suffers from severe symptoms of Posttraumatic Stress Disorder (PTSD) . Results of the Harvard Trauma Questionnaire (Revised) are clinically significant for PTSD. Mr. CLIENT also presents with a number of characteristics symptoms of Major Depressive Disorder.” • Letter from Dr. Vivien Eisenberg, board certified psychiatrist who has treated Mr. CLIENT “Mr. CLIENT described numerous symptoms and difficulties related to the torture that led me to make a diagnosis of Post Traumatic Stress Disorder (PTSD) and Major Depression. Mr. CLIENT has had significant sympts of re-experiencing his trauma. He also demonstrated symptoms of hyper-arousal . [and] has been very hopeless and depressed. He continues to experience a lot of pain and discomfort from the injury on his hand. When he has pain in his hand, it brings up memory of his torture, which makes it even more difficult for him.” Documents Corroborating Mr. CLIENT’s Claim that the Government Persecuted Him On Account of His Affiliation with the ARD N Freedom House, Freedom of the World 2011 – Congo, Republic of (Brazzaville), (May 98 12, 2011), http://www.freedomhouse.org/report/freedom-world/2011/congo-republic- 3 Tab Exhibit Page brazzaville [last accessed September 19, 2012] “Following the [2009] election, [President] Sassou-Nguesso eliminated the position of prime minister, becoming both head of state and government. The 2002 constitution limits the president to two seven-year terms. However, current president Denis Sassou- Nguesso, who ruled from 1979 to 1992, has held office continuously since seizing power in 1997. Police halted the political opposition’s post-election protests aggressively in 2009.” “Ethnic discrimination persists. Members of virtually all ethnicities favor their own groups in hiring practices, and urban neighborhoods tend to be segregated.” O United States Department of State, 2010 Country Reports on Human Rights Practices - 102 Republic of the Congo, April 8, 2011, available at: http://www.state.gov/j/drl/rls/hrrpt/2010/af/154341.htm [last accessed September 19, 2012] “In 2009, a number of politically motivated arrests occurred in Brazzaville related to the July 2009 presidential elections. Following the July 2009 elections, the arrests of opposition members Malgala Sabin, Douniama-Etou Jean Ferenzi, and Ernest Ngalou were widely perceived to be politically motivated. Their cases were not brought to court and all three individuals were released. However, the opposition believes that legal procedure was inappropriately implemented and these individuals could be arrested at a future date for the same crimes.” “The government imposed an international travel ban on several opposition leaders following a July 2009 protest to contest the announced results of the presidential election. Ange Eduard Poungui, vice president of the Panafrican Union for Social Democracy, opposition leader Matias Dzon, and Emmanuel Ngouelondele, president of the Party for Democratic Alliance, were not able to travel outside the country for more than one year. Opposition parties were restricted from organizing before, during, and after the July 2009 presidential elections.” “On October 16, a well-known opposition group held a meeting to denounce the voter registration process. According to the group's leader,