CAT/C/42/D/324/2007
Page 11
7.2 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/she 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. Similarly, 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.
7.3 The Committee recalls its General Comment No.1 on article 3, which states that it is
obliged to assess whether there are substantial grounds for believing that the complainant would
be in danger of being subjected to torture were he/she to be expelled, returned or extradited, the
risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However,
the risk does not have to meet the test of being highly probable. The risk need not be highly
probable, but it must be personal and present. In this regard, in previous decisions, the
Committee has determined that the risk of torture must be foreseeable, real and personal.
7.4 On the issue of the burden of proof, the Committee recalls its jurisprudence to the effect
that it is normally for the complainant to present an arguable case and that the risk of torture
must be assessed on grounds that go beyond mere theory and suspicion9.
7.5 In the present case, the complainant contends that he would be tortured if deported to
Lebanon, on account of his past activities as a member of the Lebanese armed forces / Christian
Democrats (Phalangists) militia, his participation in the 1982 Sabra and Chatila massacre, the
theft of money belonging to the Lebanese armed forces, and his pro-Israel opinions. The State
party has refuted these allegations as groundless and has pointed out that the Lebanese
authorities are not looking for the complainant. The Committee further notes that the
complainant has not presented any meaningful evidence to substantiate his allegations. There is
no indication that Lebanese authorities are currently searching him. As far as his allegation about
his possible persecution or torture by Palestinian groups due to his past activities and his proIsraeli opinions, the Committee notes that, once again, the complainant has provided insufficient
evidence to substantiate his claims.
7.6 The Committee has noted that different reports submitted by the parties argue that torture
remains a problem in Lebanon. In the Committee's view, however, the complainant has not
provided evidence that he is personally being targeted in Lebanon, by the authorities and/or by
Palestinian or any other armed groups. The Committee therefore considers that the complainant
has failed to demonstrate that he would face a foreseeable, real and personal risk of being
subjected to torture in Lebanon (which acceded to the Convention on 5 October 2000) if returned
9
See, inter alia, communications No. 256/2004, M.Z. v. Sweden, decision adopted on 12 May
2006, para. 9.3; No. 214/2002, M.A.K. v. Germany, decision adopted on 12 May 2004, para.
13.5; and No. 150/1999, S.L. v. Sweden, decision adopted on 11 May 2001, para. 6.3.