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grounds for believing that the author would be in danger of being subjected to torture upon return to
Sudan. In reaching this decision, the Committee must take into account all relevant considerations,
pursuant to article 3, paragraph 2, including the existence of a consistent pattern of gross, flagrant or
mass violations of human rights. The aim of the determination, however, is to establish whether the
individual concerned would be personally at risk of being subjected to torture in the country to which he
or she would return. It follows that the existence of a consistent pattern of gross, flagrant or mass
violations of human rights in a country does not as such constitute a sufficient ground for determining
that a particular person would be in danger of being subjected to torture upon his return to that country;
additional grounds must exist to show that the individual concerned would be personally at risk.
Similarly, the absence of a consistent pattern of gross violations of human rights does not mean that a
person cannot be considered to be in danger of being subjected to torture in his or her specific
circumstances.
11.3 The author bases his claim on incidents which occurred in Lebanon. He has never been subject to
detention or ill-treatment in Sudan and there is no indication that his wife, who returned to Sudan after
December 1991, has been harassed by the Sudanese authorities. Further, the author stayed in Lebanon
for almost two years after threats were made against him by the leader of a Sudanese militia, during
which period he was not further harassed. The author has claimed that his brother was arrested in Sudan
in 1992 and has since disappeared, but there is no indication that his arrest had anything to do with the
author, and the information provided remains vague. The author left Lebanon in November 1993,
allegedly after having heard that the newly opened Sudanese embassy planned to take dissidents back to
Sudan by force. In this context he claims that the Hezbollah came to a friend's apartment in order to
kidnap him.
11.4 The Committee notes the inconsistencies in the author's story as pointed out by the State party, as
well as the general failure by the author to provide detailed reasons for his departure from Lebanon in
1993. The Committee considers that the information before it does not show that substantial grounds
exist for believing that the author will be personally at risk of being subjected to torture if he is returned
to Sudan.
12. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is of the view that the facts
as found by the Committee do not reveal a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the English text being the original version.]
2. Communication No. 34/1995
Submitted by: Seid Mortesa Aemei (represented by counsel)
Alleged victims: The author and his family
State party: Switzerland
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (72 of 109)16/10/2006 9:54:12 AM
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