CAT/C/66/D/829/2017
5.8
With regard to medical care in Benin, the complainant refers to reports 6 on the
problematic health-care situation in the country and points to the shortcomings of the
mental health system in particular. Moreover, the therapeutic rapport that the complainant
has built with his psychiatrist will make it harder to develop another relationship with one
in Benin. The complainant also fears that the comments he makes in a medical context
might be used by the police. This fear even extends to his family relationships, as he has not
yet dared to speak clearly to his wife about what he has been through.
5.9
As for his family ties with Patrice Talon, the fact that the complainant is married to
the niece of the current President does not necessarily mean that they were close at the time
of the events, before he was elected. The complainant’s departure could be interpreted as a
lack of loyalty to his country and therefore to his wife’s uncle, putting him at risk of further
abuses.
5.10 The complainant hoped to find protection in the State party and thus be relieved of
the anxieties and nightmares that led to his hospitalization in 2017. He is now receiving
therapy, which appears to be the only way for him to overcome these problems, although
his suffering persists. There have been multiple physical consequences of the two weeks of
imprisonment and torture that he endured. For example, he was forced to lift weights
several times a day while being struck with rifle butts and cut with sharp blades, which has
left him with severe knee and back pain that significantly impairs his mobility and requires
him to undergo intensive physiotherapy sessions.
5.11 In conclusion, all these elements lead the complainant to maintain that his
deportation to Benin would constitute a violation of article 3 of the Convention.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a complaint, 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.
6.2
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. It notes that, in this case, the State
party does not contest the exhaustion of all available domestic remedies by the complainant
or the admissibility of the complaint.
6.3
As the Committee finds no further obstacles to admissibility, it declares the
complaint admissible under article 3 of the Convention and proceeds with its consideration
of the merits.
Consideration of the merits
7.1
The Committee has considered the complaint in the light of all the information made
available to it by the parties, in accordance with article 22 (4) of the Convention.
7.2
The issue before the Committee is whether the removal of the complainant to Benin
would constitute a violation of the State party’s obligation under article 3 (1) of the
Convention not to expel or return 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 or
other cruel, inhuman or degrading treatment or punishment. The Committee recalls that the
6
6
See World Health Organization, Mental Health Atlas 2011, Country Profile: Benin. Available at
www.who.int/mental_health/evidence/atlas/profiles/ben_mh_profile.pdf?ua=1. See also Canada,
Immigration and Refugee Board of Canada, Benin: Treatment of people with mental illness, including
schizophrenics, by society and the authorities (2009-May 2013), 10 June 2013, BEN104449.F.
Available at: https://irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?doc=454613&pls=1.
GE.19-12653