CAT/C/29/D/119/1998
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thereby implying, inter alia, that it is not enough for a consistent pattern of gross, flagrant or
mass violations of human rights to exist in the country of origin. On the basis of several of the
Committee’s earlier decisions, the State party gives a non-exhaustive list of relevant indicators
for the purposes of the implementation of article 3 and, in particular, the existence of
independent medical and other evidence in support of the complainant’s allegations, possible
changes in the country’s human rights situation, the existence of political activities by the
complainant, proof of his credibility and factual errors in what he says.
7.3
In the present case, the State party maintains that the complainant has not established that
there was a foreseeable, real and personal risk that he would be subjected to torture because he is
not credible, there is no evidence that he is wanted by the Honduran authorities and he has not
established that there is a pattern of mass violations of human rights in Honduras.
7.4
The State party contests the complainant’s credibility, particularly because he gave
different explanations of the reasons why he was in the place where the explosion occurred. The
decision to release him stated that he had gone there to make some telephone calls, whereas he
told the Canadian authorities that he had gone there to find some documents for a university
examination, and, according to a Honduran newspaper, he went into the building because he had
seen a light inside. The complainant’s claims that the amputation of his arm and the stomach
operation he underwent were unnecessary are also not credible because the above-mentioned
decision indicates that he was right near the place where the explosion occurred and parts of a
hand were found there. The complainant himself stated that he had been blinded by a flash of
light and that his eyes and ears were bleeding, that he felt that his arm had been injured and that
he had been able to crawl out onto a balcony to call for help. The State party therefore considers
that, in view of these elements, it is more than likely that the amputation of his arm was
necessary, as was the stomach operation to remove a foreign body. The complainant also
contradicted himself about his marital status, having stated in the information file that he was
single and had no children, whereas, in the visa application he made in 1995, he had said that he
had a wife and two children. He also contradicted himself about a job he held from 1993 to
1995. In addition, he did not give any credible explanations of these contradictions and
inconsistencies, something which the psychological report can also not explain.
7.5
The State party also considers that, objectively, the complainant has never been an active
opponent or member of an opposition group, that there is no evidence that he is wanted by the
Honduran authorities, since he was able to obtain an exit passport in 1997 and the members of
his family have never had any problems with the authorities, apart from his brother’s detention
for five days, that he lived in his country without any problems from 1993 to 1995 and that he
left his country four times and returned to it voluntarily each time. He also did not apply for
refugee status in Guatemala or Costa Rica, which have both signed the Geneva Convention
relating to the Status of Refugees.
7.6
The State party maintains that there is little documentary evidence to support the
complainant’s fear resulting from his denunciation of abuses of power by the army because there
are not only very few disappearances at the present time - and those that do exist primarily
involve human rights advocates and criminals - but several members of the military have also
been prosecuted for abuses of power. The State party argues that Honduras is not a country
where there is a consistent pattern of gross human rights violations and that its situation has