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10.5 The Committee further considers that, even if it were to ignore those inconsistencies, the facts as
presented show that the author has not participated in political activities, nor worked as a journalist, nor
was a member of the Ba'ath Party. The Committee further notes that the author has been kept in
detention only once, for 24 hours, in March 1992. On the basis of the information before it, the
Committee finds that the author does not belong to a political, professional or social group targeted by
the authorities for repression and torture.
10.6 The Committee is aware of the serious human rights situation in Sudan but, on the basis of the
above, considers that the author has not substantiated his claim that he will be personally at risk of being
subjected to torture if he is returned to Sudan.
11. 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.]
4. Communication No. 39/1996
Submitted by: Gorki Ernesto Tapia Paez (represented by counsel)
Alleged victim: The author
State party: Sweden
Date of communication: 19 January 1996
Date of decision of admissibility: 8 May 1996
The Committee against Torture, established under article 17 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 28 April 1997,
Having concluded its consideration of communication No. 39/1996, submitted to the Committee against
Torture by Mr. Ernesto Tapia Paez under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the author of the communication, his
counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1. The author of the communication is Mr. Gorki Ernesto Tapia Paez, a Peruvian citizen, born on 5
October 1965, at present residing in Sweden, where he is seeking recognition as a refugee. He claims
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