CAT/C/29/D/119/1998
page 10
changed substantively since the 1980s. In support of this assertion, the State party emphasizes,
for example, that, according to a report by the United Nations Development Programme, the
number of cases of torture in Honduras dropped from 156 in 1991 to 7 in 1996. The 1999 report
by the Special Rapporteur of the Commission on Human Rights on torture does not refer to any
case of torture and, for the period prior to 1999, the State party stresses that the Government of
Honduras has always replied to the Special Rapporteur’s questions. A number of urgent appeals
relating to executions were made by the Special Rapporteur on extrajudicial, summary or
arbitrary executions for the period from 1997 to 1999. The reports of the Working Group on
Arbitrary Detention for 1997, 1998 and 1999 do not refer to any case of torture involving
Honduras. The reports of the Working Group on Enforced or Involuntary Disappearances show
that most cases of disappearances took place between 1981 and 1984 and the 1998 report refers
to only one case of a disappearance involving a Jesuit priest. As far as the other documentary
sources are concerned, the State party indicates that, in 1999, Amnesty International referred to
violations of the human rights of human rights advocates, that the 1999 Human Rights Watch
report does not deal with Honduras and that the United States State Department “Country
Reports on Human Rights Practices for 1999” states that human rights were generally respected
in Honduras during the period under review, although serious problems continue to exist with
regard to some allegations of extrajudicial executions by members of the security forces. Lastly,
with regard to the FIDH document submitted by the complainant, the State party stresses that it
refers to human rights advocates, something which the complainant cannot claim to be. In
conclusion, the State party maintains that, although this information does reflect some definite
concerns, there is no consistent pattern of gross, flagrant or mass violations of human rights in
Honduras and that the documentary evidence does not support the allegation of the danger of
torture made by the complainant, who has never opposed the Government and never been part of
an organization that does.
7.7
The State party draws the Committee’s attention to the fact that this type of evaluation is
entrusted at the internal level to highly specialized and experienced bodies and that the latest
evaluation is subject to monitoring by the Federal Court of Canada. Referring to the
Committee’s general observation on article 3, as well as the Committee’s jurisprudence, the State
party expresses the view that it is not up to the Committee to substitute its own evaluation of the
facts for that of the authorities, since the complainant’s case does not reveal any blatant errors,
abuse of procedure or any other irregularity and the standard of article 3 has been applied by the
Canadian authorities in the evaluation of the present case.
Issues and proceedings before the Committee
8.1
The Committee must decide whether the claimant’s return to Honduras would be a
breach of the State party’s obligation 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.
8.2
As provided in article 3, paragraph 1, the Committee must decide whether there are
substantial grounds for believing that the complainant would be in danger of being subjected to
torture if he were returned to Honduras. In order to take this decision, the Committee must take
into account all relevant considerations, in accordance with article 3, paragraph 2, including the
existence of a consistent pattern of gross, flagrant or mass violations of human rights. However,