CAT/C/37/D/286/2006
Page 10
7.4. 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"10.
7.5 In the present case, the Committee observes that the complainant’s allegations that he
would risk being tortured if returned to Iraq rely on the fact that he applied for asylum in
Israel in 1997, that he has been accused of having converted to or collaborated with Judaism,
and on the general situation in Iraq. The Committee notes the State party’s allegations that the
complainant has failed to produce evidence as to the events in 1997, as to his claim that he is
widely known to the Iraqi people or the religious communions in Iraq. The Committee notes
in particular that the complainant has not converted to Judaism and that there is no indication
as to who accused him of having done so, nor any evidence that he is believed in Iraq to have
done so, or to have applied for asylum in Israel.
7.6 The Committee has taken note of the complainant’s argument that he was sentenced to
expulsion to the Netherlands and not to Iraq. The Committee observes however, and is
satisfied, that during the asylum proceedings, the Swedish authorities assessed the
consequences of a removal to Iraq.
7.7 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 Iraq would
expose him to a real, specific and personal risk of torture, as required under article 3 of the
Convention.
8.
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 Iraq 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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10
A/53/44, annex IX, para. 6.