CAT/C/54/D/468/2011
complainant has exhausted all available domestic remedies. As the Committee finds
no further obstacles to admissibility, it declares the communication admissible.
Consideration of the merits
7.1 In accordance with article 22, paragraph 4, of the Convention, the Committee has
considered the present communication in the light of all information made available to
it by the parties concerned.
7.2 The issue before the Committee is whether the removal of the complainant to
Algeria would violate the State party’s obligation under article 3 of the Convention
not to return (“refouler”) a person to another State where there are substantial grounds
for believing that he would be in danger of being subjected to torture. The Committee
must evaluate whether there are substantial grounds for believing that the complainant
would be personally in danger of being subjected to torture upon return to Algeria. In
assessing this risk, the Committee must take into account all relevant considerations,
pursuant to article 3, paragraph 2, of the Convention, including the existence 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 a foreseeable and real risk of being subjected to torture in the country to
which he would be returned. It follows that the existence of a pattern of gross, flagrant
or mass violations of human rights in a country does not as such constitute sufficient
reason for determining that a particular person would be in danger of being subjected
to torture on return to that country; additional grounds must be adduced to show that
the individual concerned would be personally at risk. 10
7.3 The Committee recalls its general comment No. 1 and reiterates tha t “the risk of
torture must be assessed on grounds that go beyond mere theory or suspicion ”. While
the risk does not have to meet the test of being “highly probable” (para. 6), it must be
personal and present. In this regard, the Committee has determined t hat the risk of
torture must be foreseeable, real and personal. 11 It further recalls that, in accordance
with this general comment, considerable weight will be given to findings of fact that
are made by organs of the State party concerned but that it is not bound by such
findings and instead has the power, provided by article 22, paragraph 4, of the
Convention, of free assessment of the facts based upon the full set of circumstances in
every case. 12
7.4 In the present case, the Committee notes that the compla inant invokes the
protection of article 3 on the grounds that he is at risk of ill -treatment in Algeria
because he is considered a deserter by the Algerian authorities and is suspected of
having collaborated with terrorists. In this regard, the Committee n otes that the
complainant claims to have been privy to classified information during his compulsory
military service. The Committee is of the view that such knowledge could imply a
high risk of ill-treatment if the complainant were suspected of maintaining links with
terrorists. However, the Committee considers that the complainant has failed to
provide sufficient evidence to allow it to conclude that he is suspected of maintaining
such links. The Committee also notes that the complainant has not at any tim e alleged
to have been tortured in Algeria and that he has not submitted any information to
support the allegation that he would be at risk of ill -treatment if he were deported to
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10
11
12
GE.15-11110
Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean
that a person might not be subjected to torture in his or her specific circumstances.
See, inter alia, communication No. 258/2004, Dadar v. Canada, decision adopted on 23 November
2005, and communication No. 226/2003, T.A. v. Sweden, decision adopted on 6 May 2005.
See general comment No. 1, para. 9; communication No. 375/2009, T.D. v. Switzerland, decision
adopted on 26 May 2011, para. 7.7.
7/8