CAT/C/66/D/829/2017
upon his return. The Committee notes the State party’s finding that acts of torture or illtreatment can be described as an occasional occurrence in Benin. It also notes the State
party’s conclusion that there is nothing to indicate the existence of substantial grounds for
believing that the complainant would face a specific and personal risk of being tortured on
his return to Benin, in view of the new political context in the country and in particular the
complainant’s family ties to Patrice Talon, who was pardoned in 2014 and has been the
President of the country since 6 April 2016. The Committee observes that the political
context in Benin has changed since the alleged facts and that the complainant does not
profess to have taken part in political activities.
7.7
The Committee notes that the State party contests the complainant’s allegations of
sexual violence, finding them to be implausible and to have been reported late. In this
regard, the Committee notes that the complainant’s sequelae were not contested by the
national authorities but that the Federal Administrative Court held that the medical
certificates dated 15 July and 28 September 2015 did not establish the origin of those
sequelae and therefore did not confirm the allegations of torture, and found that the
certificates did not contain any fresh evidence that might influence its assessment of the
credibility of the complainant’s account as far as the risk of persecution was concerned.
7.8
The Committee also notes the complainant’s arguments that: (a) he would not be
able to receive appropriate psychiatric treatment in his country of origin; (b) the therapeutic
rapport he has established with his current psychiatrist could make it harder to develop
another relationship with one in Benin; and (c) the comments he makes in a medical context
in Benin might be used by the police. The Committee observes, however, that the
complainant’s state of health has been thoroughly examined by the Swiss authorities, that
he is no longer hospitalized and that treatment can be provided in Benin, as there are
several specialist centres in Cotonou where the complainant could receive appropriate care.
7.9. In the light of the above, the Committee considers that the information submitted by
the complainant is insufficient to substantiate his claim that he would be at a foreseeable,
real and personal risk of torture if he were returned to Benin.
8.
The Committee, acting under article 22 (7) of the Convention, concludes that the
return of the complainant to Benin would not constitute a breach of article 3 of the
Convention by the State party.
8
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