United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - of a certificat d'origine, which in turn is only issued upon presentation of a certificate of good character by the local authorities. The author is in possession of a passport issued on 6 January 1992, containing two exit visas, one of which the author used to reach Switzerland. According to the State party, this clearly indicates that the author is not being sought by the Sudanese authorities, especially because the airport security control is known for its thoroughness. Moreover, exit visas are issued by the Department of Immigration and Nationality of the Ministry of Internal Affairs, which in practice operates under directions of the Security Service of the State. 5.12 The State party refers to article 3 of the Convention and recalls that it has to be determined whether an individual is personally at risk of being subjected to torture in the country to which he is to be returned. The State party emphasizes that, in line with the Committee's jurisprudence, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights is not a sufficient reason to conclude that a person would risk being subjected to torture upon his return to that country, but that additional grounds must exist to show that the person would personally be in danger. 5.13 The State party admits that it is sometimes difficult for an asylum seeker to present all the exact facts supporting his claim, but with reference to its observations above, the State party argues that in the instant case the author's statements are incoherent and contradictory in relation to essential points on which his claim is based. The State party thus contends that the author has not demonstrated that he risks being subjected to torture upon his return to Sudan. 5.14 If, however, the Committee were to consider that the contradictions and inconsistencies in the author's statements are not serious enough and do not raise doubts about the general veracity of his claims, the State party argues that the facts presented by the author do not justify the conclusion that article 3 of the Convention would be violated by his return to Sudan. In this connection, the State party recalls that article 3 is only applicable in case of risk of torture. The State party notes that the author has not submitted that he was tortured during his interrogations by the Security Police. According to the State party, there is no basis for believing that he risks being tortured if he were to be arrested in the future. 5.15 The State party refers to the Committee's jurisprudence and notes that, when finding that the return of a person would violate article 3, the Committee has taken into account ethnic origin, political affiliation, political activities, prior detention, allegations of torture, judicial proceedings, and internal exile. None of these elements have been invoked by the author of the instant communication. The State party argues therefore that no risk exists that the author will be subjected to torture. Author's comments 6. Counsel submits a medical certificate, dated 15 June 1996, showing that the author has been under treatment since February 1996 for psychical and physical problems and that the treatment will have to be continued for some weeks. State party's further comments http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (86 of 109)16/10/2006 9:54:12 AM