European informants
Simon's job relies on information coming back to Kinshasa from DR Congo's embassies
in Europe. Dutch authorities are currently investigating whether dossiers which include allegations
by Congolese asylum seekers have been passed to Kinshasa.
Crucially, Simon's testimony raises questions about the checks
made by European authorities.
In a letter last year, the British Ambassador
to Kinshasa wrote: "All passengers arriving at Kinshasa
are liable to be questioned by DR Congo immigration officials. We have no evidence that returned failed asylum seekers are
singled out for adverse treatment." Other European countries take the same view.
'Pierre' was deported from
Brussels in April. He had sought asylum and says the scars
on his arms are proof that soldiers beat him, having accused him of hiding weapons to use against the President.
The softly-spoken graduate told the BBC that on his return
he was interrogated for 48 hours, whipped and taken in a jeep to Kinshasa's
state prison, Makala. There, he said, the beatings continued.
The United Nations has described the regime in DR Congo's
prisons as one of rape and torture. If prisoners do not have relatives to bring them food, they may eventually die of starvation,
it reports.
Pierre says he was able to get out of the jail because a relative raised $900 to buy his release.
But he remains in hiding after the guards said they knew where to find him.
Human rights lawyer Celestin Nikiana has started to list the
prisoners in Makala. He has found two of the prisoners to be former asylum seekers who have been there for more than five
years without charge: Alain Londole , who was returned by Belgium, and
Willy Ayi-Ansha, sent back by Italy. Mr
Nikiana believes there is at least one other asylum seeker, returned from Belgium,
being kept in the prison's political wing.
Secret jails
The UN has also criticised unofficial jails run by DR Congo's
national intelligence service. These are said to be places where prisoners are subjected to "cruel, inhumane or degrading
treatment and even torture". Human rights campaigners say they have information that one former asylum seeker is being kept
in one of these secret centres.
Azaris Ruberwa, vice-president in charge of
defence and security, denies returning asylum-seekers are unwelcome.
But he added: "There are still some secret services or security
services which commit some abuses against the laws of the country. We hope that once the election is organised these problems
will all be solved.
"I don't deny the fact that there are cases of security agents
who are abusing, but I can guarantee that there is no policy from the government here to do any harm to detainees."
Although campaigners have warned some people deported from
Europe may be put at risk, they have not yet been able to produce convincing evidence.
Government checks
Under the present arrangements, the legal responsibility to
check that returned asylum seekers will be safe rests with individual European governments.
And despite plans currently being developed for a common European
policy on migration and asylum, there at present no plans to make the European Commission responsible for monitoring what
happens when the asylum seekers are sent back.
This means that governments like the UK take on trust the good intentions of receiving countries.
For its part, however, the Home Office said those who are
returned to their home countries are only sent back because it has been "judged safe" for the deportation to take place.
"To date, we have not received any objective evidence to support
allegations of either systematic or arbitrary detention or ill treatment of returnees," said a spokesman.
"The situation in Democratic Republic of Congo, including
the treatment of returnees, is kept under review in consultation with the United Nations High Commissioner for Refugees and
other EU countries.
"We do not routinely monitor the treatment of returnees to
any country. We would not remove them if we considered that they were likely to suffer persecution on their return.
"The only people
who are removed are those who do not have a well-founded fear of persecution and do not therefore need international protection".