she had been subjected to while in detention because of her affiliation with the banned
PDR-Ubuyanja political party, which included repeated rape under the threat of execution, as a
result of which she became pregnant. The Committee also considered that information provided
by the complainant demonstrated that ethnic tensions in Rwanda continue to exist, thus
increasing the likelihood that the complainant might be subjected to torture upon return to
Rwanda. For these reasons, the Committee concluded that substantial grounds existed for
believing that the complainant and her son would be at risk of torture if returned to Rwanda.
79. In the views on complaint 280/2005 (Rgeig v. Switzerland), the Committee considered that
the State party had not presented sufficiently convincing arguments to demonstrate the absence
of any risk that the complainant would be exposed to torture if he were to be returned to the
Libyan Arab Jamahiriya. In reaching this conclusion, the Committee took into account the
findings in the medical report on the presence of serious after-effects of the acts of torture
inflicted on the complainant in the past, his political activities subsequent to his departure from
the Libyan Arab Jamahiriya, and the persistent reports concerning the treatment generally meted
out to such activists if forcibly returned to the Libyan Arab Jamahiriya.
80. In complaint No. 282/2005 (S.P.A. v. Canada) the complainant claimed that she would be
imprisoned, tortured or killed if returned to Iran, in violation of articles 3 and 16 of the
Convention, since she was a known opponent to the Iranian regime, and that a court summons in
her name existed. The Committee, after examining the claims and evidence submitted by the
complainant as well as the arguments of the State party, concluded that she had not advanced
satisfactory evidence or details relating to her custody in the basement of a detention facility in
Iran or escape from detention. Further, she had failed to provide plausible explanations for her
failure or inability to provide certain details regarding her stay for over three months in Iran
subsequent to her escape and the names of those who helped her to escape. Finally, the
Committee considered that she failed to provide plausible explanations for her subsequent
journey through seven countries, before claiming refugee status in Canada. Whilst noting with
concern reports of human rights violations in Iran, the Committee considered that the
complainant had not substantiated that she would personally face such a real and imminent risk
of being subjected to torture upon return to Iran. Accordingly, no breach of article 3 was found.
81. At its thirty-eighth session, the Committee adopted decisions on the merits in respect of
complaints Nos. 249/2004 (Dar v. Norway), 268/2005 (A.A. v. Switzerland), 270 and 271/2005
(E.R.K. and Y.K. v. Sweden), 281/2005 (Pelit v. Azerbaijan), 296/2006 (E.V.I. v. Sweden),
298/2006 (C.A.R.M. et al. v. Canada) and 300/2006 (Tebourski v. France). The text of these
decisions is also reproduced in annex VII, section A, to the present report.
82. In complaints Nos. 268/2005 (A.A. v. Switzerland), 296/2006 (E.V.I. v. Sweden), and 270
and 271/2005 (E.R.K. and Y.K. v. Sweden) the complainants claimed violations of article 3 of the
Convention by the respective States, should they be returned to their countries after being
refused asylum. The Committee held, however, that the complainants had not demonstrated the
existence of substantial grounds for believing that their return to their countries of origin would
expose them to a foreseeable, real and personal risk of torture, and, therefore, no violations of the
Convention were found.
83. Complaint No. 249/2004 (Dar v. Norway) concerned an Ahmadiya retired army officer
accused of blasphemy in Pakistan. The complainant, who sought asylum in Norway, was
deported to Pakistan although the Committee had requested the State party not to deport him
99
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents