CAT/C/30/D/198/2002
page 10
7.5
The Committee further notes the State party’s remarks that the petitioner failed to give
any information on the conditions of detention in a so-called “ghost house”, and that he failed to
describe the cell in which he alleges to have been detained for several weeks. The petitioner has
not responded to these arguments other than by noting that it is insufficient for the State party to
manifest “some doubts” about the credibility of his statements. The Committee also notes that
the petitioner failed to respond to the doubts voiced by the State party concerning the ease with
which he claims to have been able to leave the prison.
7.6
The Committee finally notes the State party’s observations on the evolution of the
political system in Sudan over the last few years, in particular the legalization of the political
parties, the presidential amnesty of political refugees of 3 June 2000, and the “Motherland Call”
under which important members of the opposition have returned to Sudan. The Committee notes
that the petitioner has not challenged any of these arguments in his comments.
7.7
On the basis of the above, the Committee considers that the information made available
by the petitioner does not show that substantial grounds exist for believing that he would be
personally in danger of being subjected to torture in the event of his return to Sudan.
8.
The Committee against Torture, acting under article 22 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, is of the view that the return
of the petitioner to Sudan by the State party would not constitute a violation to article 3 of the
Convention by the Netherlands.
[Adopted in English, French, Russian and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]
Notes
1
Preliminary, the State party informs the Committee that although on 1 April 2001, a new
Aliens Act entered into force that has no consequences of substance for the petitioner’s situation.
2
The State party declares, however, that a Legal Uniformity Division exists within the Hague
District Court, in order to promote consistency in the application of the law in asylum cases and
other proceedings involving aliens.
3
The reports on the situation in countries of origin are issued, using information of
non-governmental organizations and reports received by the Dutch diplomatic missions.
4
The State party explains that this type of policy is known in the Netherlands as categorical
protection (categoriale bescherming).
5
The State party recalls the Committees’ Views in communications No. 91/1997,
A. v. Netherlands, and No. 94/1997, K.N. v. Switzerland.
6
The State party refers to the Committee’s Views in communication No. 28/1995,
E.A. v. Switzerland.