refugee determination system, but whether the author has established that he is
personally at risk of being subject to torture in Pakistan upon his return.
Decision on admissibility and examination of the merits:
11. Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22 of
the Convention. The Committee has ascertained, as it is required to do under
article 22, paragraph 5(a), of the Convention, that the same matter has not been
and is not being examined under another procedure of international investigation
or settlement. The Committee notes that the State party has not raised any
objections to the admissibility of the communication and that it has requested
the Committee to proceed to an examination of the merits. The Committee finds
therefore that no obstacles to the admissibility of the communication exist and
proceeds with the consideration of the merits of the communication.
12.1 The Committee notes that both parties have made considerable submissions
with regard to the fairness of the refugee claim determination system and the
post-claim risk-assessment procedures. The Committee observes that it is not
called upon to review the prevailing system in Canada in general, but only to
examine whether in the present case Canada complied with its obligations under
the Convention. Nor is the Committee called upon to determine whether the
author’s rights under the Convention have been violated by Pakistan, which is
not a State party to the Convention. The issue before the Committee is whether
the forced return of the author to Pakistan would violate the obligation of
Canada under article 3 of the Convention not to expel or to return a person to
another State where there are substantial grounds for believing that he would be
in danger of being subjected to torture.
12.2
Article 3 reads:
"1. No State party shall expel, return (’refouler’) or extradite a person
to another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture."
"2. For the purpose of determining whether there are such grounds, the
competent authorities shall take into account all relevant considerations
including, where applicable, the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of human rights."
The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that Mr. Khan would be in danger of
being subject to torture. In reaching this conclusion, the Committee must take
into account all relevant considerations, pursuant to paragraph 2 of article 3,
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 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 person would be in danger of being subjected to torture upon
his return to that country; additional grounds must exist that indicate 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
specific circumstances.
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