United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee -
9.2 The Committee reiterates that it is by no means its responsibility to determine whether the author's
rights as recognized by the Convention have been violated by Iran, the country to which he risks being
expelled, regardless of whether or not this State is a party to the Convention. The question before the
Committee is whether expulsion, return or extradition to the latter country would violate Switzerland's
obligation, under article 3 of the Convention, not to expel or return an individual to a State where there
are substantial grounds for believing that he would be in danger of being subjected to torture.
9.3 In accordance with article 3, paragraph 1, of the Convention, the Committee has to determine
whether there are substantial grounds for believing that Mr. Aemei and the members of his family would
be in danger of being subjected to torture if they returned to Iran. In order to do this, the Committee
must, in accordance with article 3, paragraph 2, take into account all relevant considerations, including
the existence of a consistent pattern of gross, flagrant or mass violations of human rights. In other words,
the existence of a consistent pattern of violations of human rights within the meaning of article 3,
paragraph 2, lends force to the Committee's belief that substantial grounds exist within the meaning of
paragraph 1.
9.4 However, the Committee has to determine whether the person concerned would be personally at risk
of being subjected to torture in the country to which he would be expelled. Consequently, the existence
of a consistent pattern of gross, flagrant or mass violations of human rights in a particular country does
not in itself constitute a sufficient ground for concluding that a particular person would be in danger of
being subjected to torture after returning to his country; additional grounds must exist in order to
conclude that the person concerned is personally at risk. Similarly, the absence of a consistent pattern of
flagrant violations of human rights does not mean that a person cannot be considered to be at risk of
being subjected to torture in his specific circumstances.
9.5 In the present case, therefore, the Committee has to determine whether the expulsion of Mr. Aemei
(and his family) to Iran would have the foreseeable consequence of exposing him to a real and personal
risk of being arrested and tortured. It observes that the "substantial grounds" for believing that return or
expulsion would expose the applicant to the risk of being subjected to torture may be based not only on
acts committed in the country of origin, in other words, before his flight from the country, but also on
activities undertaken by him in the receiving country: in fact, the wording of article 3 does not
distinguish between the commission of acts, which might later expose the applicant to the risk of torture,
in the country of origin or in the receiving country. In other words, even if the activities of which the
author is accused in Iran were insufficient for article 3 to apply, his subsequent activities in the receiving
country could prove sufficient for application of that article.
9.6 The Committee certainly does not take lightly concern on the part of the State party that article 3 of
the Convention might be improperly invoked by asylum seekers. However, the Committee is of the
opinion that, even though there may be some remaining doubt as to the veracity of the facts adduced
by the author of a communication, it must ensure that his security is not endangered.3 In order to do this,
it is not necessary that all the facts invoked by the author should be proved; it is sufficient that the
Committee should consider them to be sufficiently substantiated and reliable.
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (80 of 109)16/10/2006 9:54:12 AM
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