CAT/C/37/D/251/2004
page 7
7.3
In order to determine whether there are substantial grounds for believing that the
complainant would be in danger of being subjected to torture if he were returned to the Islamic
Republic of Iran, the Committee must take account of all factors, including the existence of a
consistent pattern of gross, flagrant or mass violations of human rights. However, the aim of
such an analysis is to determine whether the complainant runs a personal risk of being subjected
to torture in the country to which he would be returned. Accordingly, the existence in a country
of a consistent pattern of gross, flagrant or mass violations of human rights does not as such
constitute sufficient grounds for determining that a particular person would be in danger of
being subjected to torture on return to that country. Additional grounds must be adduced
to show that the individual concerned would be personally at risk. Conversely, the absence of
a consistent pattern of flagrant violations of human rights does not mean that a person
might not be considered at risk of being subjected to torture in specific circumstances.
7.4
The Committee recalls its general comment on the implementation of article 3, in which
it states that the risk of torture “must be assessed on grounds that go beyond mere theory or
suspicion. However, the risk does not have to meet the test of being highly probable” (A/53/44,
annex IX, para. 6).
7.5
In the present case, the Committee notes that the complainant’s claim that he would run a
risk of being tortured if he returned to the Islamic Republic of Iran is based on the fact that he
was allegedly detained and tortured between May 1991 and August or September 1993; was
subsequently harassed by the Iranian authorities, mainly because of the political activities of
members of his family; and participated in activities in Switzerland directed against the current
Iranian regime. In assessing the risk of torture in the present case, the Committee takes note of
the complainant’s allegation that he was tortured during his detention in the Islamic Republic of
Iran and of the State party’s view that this allegation lacks credibility.
7.6
The Committee also takes note of the complainant’s allegations that he was constantly
harassed by the Iranian authorities because of his family’s political activities and that he would
be at risk of being subjected to torture also on account of his political activities in Switzerland
against the Iranian Government. In the Committee’s view, however, the complainant has not
demonstrated that his family’s political activities against the regime were of such importance as
to still present an interest for the Iranian authorities today, and has not adduced sufficient
evidence to establish that his participation in demonstrations organized by Iranian refugees in
Switzerland or his illegal escape from the Islamic Republic of Iran are decisive factors
permitting the conclusion that he would be at personal risk of being subjected to torture if he
returned to that country.
7.7
The Committee therefore considers that, having regard to the time that has elapsed since
the events described by the complainant (more than 13 years), as well as the inconsistencies in
his presentation, which he has not adequately explained, the information submitted by the
complainant, and particularly the fact that he has not engaged in any sustained political activity
either in the Islamic Republic of Iran or in Switzerland, is insufficient to support the claim that
he would run a serious risk of being subjected to torture if he were returned to the Islamic
Republic of Iran at this point in time.