CAT/C/30/D/198/2002
page 7
4.16 The State party, in relation to the petitioner’s personal risk in the event of his return to
Sudan, notes that the current human rights situation in Sudan, though a cause of concern, does
not provide substantial grounds for believing that all Sudanese are in general in danger of being
subjected to torture. The State party refers to the Minister of Foreign Affairs’ country reports
and to the Committee’s jurisprudence.
4.17 For the State party, the fact the petitioner was a lawyer and a member of the DUP, does
not in itself constitute sufficient grounds for assuming that if he were returned to Sudan, he
would be in danger of being subjected to treatment contrary to article 3 of the Convention. The
State party invokes the country reports of the Minister of Foreign Affairs referred to above.
Though complete freedom for activists of political parties has yet to arrive, there are no longer
any cases of detention lasting longer than a day, or other serious abuse. Furthermore, in response
to the “Motherland Call” and the proclamation of an amnesty, important members of the
northern opposition have returned to Sudan.
4.18 In the State party’s opinion, it cannot be concluded that the petitioner would run a
foreseeable, real and personal risk of being tortured if returned to his country of origin. There
remained some doubt as to the credibility of the petitioner’s allegations that the authorities
harbour ill will towards him and his family, because his brother-in-law participated in a coup
attempt on 23 September 1989. The State party argues that it is not aware of a coup attempt on
that date; all its reports stated that a coup took place on 30 June 1989, under the leadership of
Lieutenant-General al-Bashir, since then the President of Sudan. The State party argues that the
petitioner has failed to substantiate his claim that his problems with the authorities in 1989 arose
as a result of the activities of his brother-in-law, and were such that he must fear treatment in
violation of the Convention.
4.19 The State party dismisses as implausible the petitioner’s allegation that he was detained
from 30 January 1998 to 23 March 1998. His statements allegedly were contradictory, vague
and imprecise. In particular, he gave contradictory accounts of the number of people present at
his interrogations.
4.20 The petitioner was unable, according to the State party, to provide details about the
prison in which he was held and, despite having been detained for over two months, could not
describe his cell in any detail. The State party dismisses as implausible his statement that
obstacles in the cell made it impossible for him to walk. It is unimaginable, in the State party’s
opinion, that during a detention of almost two months, he would not have investigated his
surroundings. He should have been able to describe his cell in more detail, at least because he
alleges that food was thrown into his cell daily.
4.21 The State party voices doubts about the ease with which the petitioner claims to have
been able to leave his prison. It contends that it stretches imagination that major Sudanese
opponents of the regime would be detained in a prison with unlocked doors. The State party also
considers it curious that the petitioner was able to leave undetected in a car that was waiting for
him only 100 metres from the prison. As final conclusion, the State party considers implausible
the petitioner’s account of his detention.