forces. Lastly, with regard to the FIDH document submitted by the complainant, the State party stresses that it refers to human rights
advocates, something which the complainant cannot claim to be. In conclusion, the State party maintains that, although this
information does reflect some definite concerns, there is no consistent pattern of gross, flagrant or mass violations of human rights in
Honduras and that the documentary evidence does not support the allegation of the danger of torture made by the complainant, who
has never opposed the Government and never been part of an organization that does.
7.7The State party draws the Committee’s attention to the fact that this type of evaluation is entrusted at the internal level to highly
specialized and experienced bodies and that the latest evaluation is subject to monitoring by the Federal Court of Canada. Referring
to the Committee’s general observation on article 3, as well as the Committee’s jurisprudence, the State party expresses the view that
it is not up to the Committee to substitute its own evaluation of the facts for that of the authorities, since the complainant’s case does
not reveal any blatant errors, abuse of procedure or any other irregularity and the standard of article 3 has been applied by the
Canadian authorities in the evaluation of the present case.
Issues and proceedings before the Committee
8.1The Committee must decide whether the claimant’s return to Honduras would be a breach of the State party’s obligation under
article 3 of the Convention not to expel or return a person to another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture.
8.2As provided in article 3, paragraph 1, the Committee must decide whether there are substantial grounds for believing that the
complainant would be in danger of being subjected to torture if he were returned to Honduras. In order to take this decision, the
Committee must take into account all relevant considerations, in accordance with article 3, paragraph 2, including the existence of a
consistent pattern of gross, flagrant or mass violations of human rights. However, the purpose of this analysis is to determine whether
the person concerned would personally be in danger of being subjected to torture in the country to which he would be returned. It
follows that the existence in a country of a consistent pattern of gross, flagrant or mass violations of human rights is not in itself a
sufficient reason for establishing that a particular person would be in danger of being subjected to torture if he were returned to that
country. There must be other reasons to suggest that the person concerned would personally be in danger, but the absence of a
consistent pattern of flagrant violations of human rights does not mean that a person cannot be subjected to torture in his own
particular situation.
8.3The Committee draws attention to its general comment on the implementation of article 3, which reads: “Bearing in mind that the
State party and the Committee are obliged to assess whether there are substantial grounds for believing that the author would be in
danger of being subjected to torture were he/she to be expelled, returned or extradited, 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).
8.4In the present case, the Committee takes note of the State party’s observations that the claimant’s statements about the risks of
torture are not credible and not corroborated by objective evidence.
8.5On the basis of the information submitted to it, the Committee considers that the complainant has not demonstrated that he is an
opponent of the regime who is wanted for terrorist activities. The Committee notes that he was acquitted of responsibility for the
1988 explosion and that he has not been accused of other opposition activities since then. He has thus not shown that there is a
personal risk of being subjected to torture if he returns to Honduras. Accordingly, the Committee takes the view that it is not
necessary to examine the general human rights situation in Honduras and that the claimant has not demonstrated that there are
substantial grounds, in accordance with article 3 of the Convention, for believing that he would be in danger of being subjected to
torture if he returned to his country of origin.
9.Consequently, the Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the return of the complainant to Honduras would not
constitute a breach of article 3 of the Convention.
Notes
Complaint No. 161/2000
Submitted by:Hajrizi Dzemajl et al.(represented by counsel)
Alleged victim:Hajrizi Dzemajl et al.
State party:Serbia and Montenegro *
Date of complaint:11 November 1999
Date of present decision:21 November 2002
The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Meeting on 21 November 2002,
Having concluded its consideration of complaint No. 161/2000, submitted to the Committee against Torture by Mr. Hajrizi Dzemajl
et al. under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
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