CAT/C/24/D/116/1998
page 7
5.8
In respect of his political activities while working for Hyochade, although his actions
were not political in the strict sense of the word, they were serious enough for him to be
remembered in Kinshasa. As to the lack of documentation to back up his statements about his
work, he adds that there would be no documents relating to his activities at Hyochade at his
father’s house because of the nature of the company’s activities.
5.9
Lastly, the author believes he has provided enough plausible evidence to show that his
story is true, believing that any made-up story would never have held together.
Issues and proceedings before the Committee
6.1
Before considering any of the allegations in a communication, the Committee against
Torture must decide whether or not the communication is admissible under article 22 of the
Convention. It has ascertained, as in accordance with article 22, paragraph 5 (a), of the
Convention it is required to do, that the same matter has not been and is not being examined
under another procedure of international investigation or settlement. It also notes that all
domestic remedies have been exhausted and that the State party has not contested the
admissibility of the communication. It therefore considers that the communication is admissible.
As both the State party and the author have provided observations on the merits of the
communication, the Committee proceeds with the consideration of those merits.
6.2
The issue before the Committee is whether the forced return of the author to the
Democratic Republic of the Congo would violate the obligation of the State party under article 3
of the Convention not to expel or return a person to another State where there are substantial
grounds for believing that he would be in danger of being subjected to torture.
6.3
The Committee must decide, pursuant to article 3, paragraph 1, whether there are
substantial grounds for believing that the author would be in danger of being subjected to torture
upon return to the Democratic Republic of the Congo. In reaching this decision, the Committee
must take into account all relevant considerations, pursuant to article 3, paragraph 2, 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 or she would return.
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 particular person
would be in danger of being subjected to torture upon his or her return to the country. There
must be other grounds indicating 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 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 which
reads:
“Bearing in mind that the State party and the Committee are obliged to assess whether
there are substantial grounds for believing that the author would be in danger of being
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