CAT/C/48/D/424/2010
6.2
The State party also submits that the authenticity of the certificate from the Popular
Front Party is questionable. The certificate states that the complainant was subjected to
numerous persecutions, yet the complainant has never himself made such claims. The State
party reiterates its position that the expulsion of the complainant would not be in violation
of article 3 of the Convention.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a complaint, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention.
7.2
The Committee has ascertained, as it is required to do under article 22, paragraph
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.
7.3
In accordance with article 22, paragraph 5 (b), of the Convention, the Committee
does not consider any communication unless it has ascertained that the complainant has
exhausted all available domestic remedies. The Committee notes the State party’s
acknowledgment that domestic remedies have been exhausted and thus finds that the
complainant has complied with article 22, paragraph 5 (b).
7.4
The State party submits that the complaint is “manifestly ill-founded” and should
not be examined on its merits. The Committee is of the opinion that the arguments before it
raise substantive issues which should be dealt with on the merits and not on admissibility
considerations alone.
7.5
Accordingly, the Committee finds the communication admissible and proceeds to its
consideration on the merits.
Consideration of the merits
8.1
The issue before the Committee is whether the complainant’s removal to Azerbaijan
would constitute a violation of the State party’s obligation, under article 3 of the
Convention, not to expel or return a person to a State where there are substantial grounds
for believing that he would be in danger of being subjected to torture.
8.2
In assessing the risk of torture, the Committee takes into account all relevant
considerations, including the existence in the relevant State of a consistent pattern of gross,
flagrant or mass violations of human rights. However, the aim of such determination is to
establish whether the individual concerned would be personally at risk in the country to
which he would return. It follows that the existence of a consistent pattern of gross, flagrant
or mass violations of human rights in a country does not as such constitute a sufficient
ground for determining that a particular person would be in danger of being subjected to
torture upon his or her return to that country; additional grounds must exist to show that the
individual concerned would be personally at risk. Conversely, the absence of a consistent
pattern of gross violations of human rights does not mean that a person cannot be
considered to be in danger of being subjected to torture in his or her specific circumstances.
8.3
The aim of the present exercise is to determine whether the complainant would be
personally at risk of being subjected to torture in Azerbaijan after his return.7 The
Committee recalls its general comment No. 1 on article 3, which states that the Committee
7
Azerbaijan has accepted the Committee’s competence under article 22 of the Convention and has
ratified the Optional Protocol to the Convention.
7