CAT/C/36/D/278/2005
Page 6
pattern of flagrant violations of human rights does not mean that a person might not be
subjected to torture in his or her specific circumstances.
6.4.
The Committee recalls its general comment on the implementation of article 3, 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).
6.5.
In the present case, the Committee observes that the complainant’s allegations that he
would risk being tortured if returned to Sudan rely on the fact that members of JEM face a
high risk of detention and torture and on the general human rights records of Sudan. The
Committee also notes the State party’s allegations that the complainant has failed to specify
the nature of his political activities and the nature of the assistance provided to Darfur
refugees. In this regard, the complainant has failed to explain his concrete role within JEM
that would make him particularly vulnerable to the risk of being placed in danger of torture
were he to be expelled. He has only invoked his condition of “founding member” in his last
submission to the Committee, without having justified or proved this condition and without
having ever invoked it before the national authorities.
6.6
The Committee fur ther notes the State party’s submission that the complainant has not
invoked or proved before the Committee that he was tortured or maltreated in the past.
6.7
In view of the foregoing, the Committee considers that the complainant has not
demonstrated the existence of substantial grounds for believing that his return to Sudan
would expose him to a real, specific and personal risk of torture, as required under article 3 of
the Convention.
7.
Accordingly, 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 return of the complainant to Sudan does not reveal a
breach of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
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