CAT/C/40/D/311/2007
Page 9
Issues and proceedings before the Committee Consideration of admissibility
8.
Before considering any claims contained in a complaint, the Committee against Torture
must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. The Committee further notes that it is
uncontested that domestic remedies have been exhausted and that the State party does not
challenge the admissibility of the communication. Accordingly, the Committee finds the
complaint admissible and proceeds to its consideration on the merits.
Consideration on the merits
9.1 The issue before the Committee is whether the complainant's removal to Belarus would
constitute a violation of the State party's obligation, under article 3 of the Convention, not to
expel or return a person to a State where there are substantial grounds for believing that he
would be in danger of being subjected to torture.
9.2 In assessing whether there are substantial grounds for believing that the complainant
would be in danger of being subjected to torture if returned to Belarus, the Committee must
take account of all relevant considerations, including the existence of a consistent pattern of
gross, flagrant or mass violations of human rights. However, the aim of such an analysis is to
determine whether the complainant runs a personal risk of being subjected to torture in the
country to which he would be returned. The Committee reiterates that the existence of a
pattern of gross, flagrant or mass violations of human rights in a country does not as such
constitute sufficient reason for determining that a particular person would be in danger of
being subjected to torture on return to that country; additional grounds must be adduced to
show that the individual concerned would be personally at risk. Conversely, the absence of a
consistent pattern of flagrant violations of human rights does not mean that a person might
not be subjected to torture in his or her specific circumstances.
9.3 The Committee recalls its general comment on the implementation of article 3, that "the
risk of torture must be assessed on grounds that go beyond mere theory or suspicion.
However, the risk does not have to meet the test of being highly probable" (A/53/44, annex
IX, para. 6).
9.4 In the present case, the complainant claimed that he was targeted by the Belarusian
authorities after 1998, because of his political activities. He was issued a passport and asked
to leave the country. During his detention in 1999 - 2000, he was allegedly sexually assaulted
by his co-detainees, at the police request. The Committee notes that the State party has
objected that neither the detention nor the alleged assault in question were ever mentioned by
the complainant before the Swiss asylum authorities, but were submitted only in the
framework of the present communication to the Committee, and even not in the
complainant’s initial submission. The Committee notes that the complainant has not
presented any evidence in relation to his alleged assault, in particular he has presented no
medical certificate in this connection.
9.5 The only element in substantiation of these allegations constitutes an attestation issued
by the detention Centre, which however only confirms that the complainant was detained
there from 18 November 1999 to 8 February 2000. The Committee further notes that the