CAT/C/64/D/641/2014
the payment for his release was the contribution of the entire family that was “deposited to
the authorities” by his wife.
5.9
To conclude, the complainant submits that some of the arguments put forward by the
State party demonstrate a very narrow way of looking at the facts on which the present
complaint is based. Namely, the State party and, previously, the Migration Agency and the
Migration Court, seem to evaluate the facts from a very Swedish perspective and not from
the more relevant one, i.e. the situation in the complainant’s country of origin.
State party’s additional observations
6.
By note verbale of 28 March 2018, the State party noted that the complainant’s
comments did not include any new submissions in substance which had not already
essentially been covered by the State party’s observations of 2 July 2015, and emphasized
that it fully maintained its position regarding the admissibility and merits of the present
complaint. The State party also recalls that the decision to expel the complainant will
become statute-barred on 10 September 2018 (see para. 4.1 above) and urges the
Committee to consider the admissibility and/or merits of the present complaint well ahead
of that cut-off date.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim submitted in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (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.
7.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any complaint from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party has not contested that the complainant has exhausted all
available domestic remedies.21 The Committee therefore finds that it is not precluded from
considering the communication under article 22 (5) (b) of the Convention.
7.3
The State party maintains that the complaint should be declared inadmissible,
pursuant to article 22 (2) of the Convention and rule 113 (b) of the Committee’s rules of
procedure, as it is manifestly unfounded. The Committee, however, considers that the
complaint has been sufficiently substantiated for purposes of admissibility, because the
complainant’s allegations of a risk of torture or ill-treatment in case of his forced removal
to Côte d’Ivoire raise issues under article 3 of the Convention. As the Committee finds no
further obstacles to admissibility, it declares the complaint admissible and proceeds with its
consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 22 (4) of the Convention.
8.2
In the present case, the issue before the Committee is whether the return of the
complainant to Côte d’Ivoire would constitute a violation of the State party’s obligation
under article 3 (1) of the Convention not to expel or to return (“refouler”) a person to
another State where there are substantial grounds for believing that he or she would be in
danger of being subjected to torture.
8.3
The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon
return to Côte d’Ivoire. In assessing this risk, the Committee must take into account all
relevant considerations pursuant to article 3 (2) of the Convention, including the existence
21
8
See, for example, X.Q.L. v. Australia (CAT/C/52/D/455/2011), para. 8.2.