CAT/C/57/D/611/2014
8.5
The Committee also notes that, even if it were to accept the claim that the
complainant was subjected to torture in the past, the question is whether he remains, at
present, at risk of torture in Kazakhstan.
8.6
The Committee also observes that the complainant claims that the State party failed
to consider his specific circumstances, including his ethnic and religious background. The
complainant further claims that, if returned, he fears that Islamic extremists — who already
recruited one of his sons — would target him and would try to recruit his other son. The
complainant alleges that the police and the law enforcement in general who mistreated him
in the past would do so again if he is returned to Kazakhstan.
8.7
The Committee notes that the complainant merely stated before the State party
authorities that he feared being subjected to torture if returned to Kazakhstan, claiming that
he had been tortured in the past and that he would be targeted again. The Committee notes,
however, that the State party does not challenge the facts as presented by the complainant.
The Committee observes that the State party, without questioning the complainant’s
account, instead argues that he did not prove that he would be targeted again if returned to
Kazakhstan.
8.8
The Committee further observes certain uncontroverted facts, namely, that
Kazakhstan has a considerable Russian minority, especially in the northern parts of the
country; that the complainant, while born Christian, has admitted to be an atheist; and that
the complainant has not shown that he is wanted by the authorities in Kazakhstan, or that he
would be targeted by the authorities if returned. Furthermore, the complainant failed to
provide any explanations regarding his whereabouts from 2002 to 2012 and whether, during
that time, he faced any threats of torture or assault. The Committee notes that certain
reports about persecution cited by the communication concern cases of religious activists,
whereas the complainant has not shown any public activity for which he could have been
targeted.
8.9
The Committee recalls its jurisprudence whereby the risk of torture must be assessed
on grounds that go beyond mere theory and indicates that it is generally for the complainant
to present an arguable case. 25 On the basis of all the information submitted by the parties,
including on the general situation of human rights in Kazakhstan, the Committee considers
that the complainant has not provided sufficient evidence to enable it to conclude that his
expulsion to Kazakhstan would expose him to a foreseeable, real and personal risk of
torture within the meaning of article 3 of the Convention.
9.
The Committee, acting under article 22 (7) of the Convention, therefore concludes
that the complainant’s expulsion to Kazakhstan would not constitute a breach of article 3 of
the Convention.
25
10
See communications No. 298/2006, C.A.R.M. et al. v. Canada, decision adopted on 18 May 2007,
para. 8.10; No. 256/2004, M.Z. v. Sweden, decision adopted on 12 May 2006, para. 9.3; No. 214/2002,
M.A.K. v. Germany, decision adopted on 12 May 2004, para. 13.5; No. 150/1999, S.L. v. Sweden,
decision adopted on 11 May 2001, para. 6.3; and No. 347/2008, N.B-M. v. Switzerland, decision
adopted on 14 November 2011, para. 9.9.
GE.16-09780