- 158 7.2
The Committee must decide, pursuant to article 3, paragraph 1, of the Convention,
whether there are substantial grounds for believing that the alleged victim would be in danger of
being subjected to torture upon return to Iran. In reaching this decision, 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. The aim of the termination, however, is to establish whether the individual
concerned would be personally at risk of being subjected to torture in the country to which he or
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
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
In the present case, the Committee notes that the petitioner has claimed that, during his
first detention in early 1985, he was tortured. Although not explicitly corroborated by medical
evidence or detained submission by the petitioner, the Committee is prepared to consider that the
petitioner may have been maltreated during his first detention. The Committee also notes that
the petitioner has not claimed that he was tortured during his subsequent detentions. Finally, the
Committee notes that the periods of the two latest detentions in 1990 were short, that the
petitioner has not claimed that he was ever an active political opponent and that there is no
indication that he is being sought by the authorities in Iran at the present time or would be at a
particular risk of being tortured for reason of his Canadian criminal record. Therefore, the
Committee considers that the petitioner has not substantiated his claim that he will be personally
at risk of being subjected to torture if he is returned to Iran.
7.4
With regard to the alleged violation of article 16 of the Convention, the Committee notes
that article 3 of the Convention does not encompass situations of ill-treatment envisaged by
article 16, and further finds that the petitioner has not substantiated a claim that he would face
such treatment upon return to Iran as would constitute cruel, inhuman or degrading treatment or
punishment with the meaning of article 1 of the Convention.
Conclusions
8.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the removal of B.S. to the Islamic Republic of Iran, on the basis of the information
submitted, would not entail a breach of articles 3 and 16 of the Convention.
Notes
a
The State party makes reference to P.S.S. v. Canada, case No. 66/1997; R.K. v. Canada, case
No. 42/1996; L.O. v. Canada, case No. 95/1997.
b
Case No. 57/1996.
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