- 136 all relevant considerations, pursuant to article 3, paragraph 2, including the existence of a
consistent pattern of gross, flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individual concerned would be personally at
risk of being subjected to torture in the country to which he would be returned. It follows that
the existence of a consistent pattern of gross, flagrant or mass violations of human rights in the
country does not by itself constitute a sufficient ground for determining that a particular person
would be in danger of being subjected to torture upon returning to that country. There must be
other grounds indicating that he or she 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
subjected to torture in his or her specific circumstances.
6.4
The Committee recalls its general comment on the implementation of article 3, which
reads as follows: “Bearing in mind that the State party and the Committee are obliged to assess
whether there are substantial grounds for believing that the author 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 supposition. However, the risk does not have
to meet the test of being highly probable” (A/53/44, annex IX, para. 229).
6.5
In the present case, the Committee notes that the State party has drawn attention to
inconsistencies and contradictions in the complainant’s account, casting doubt on the
truthfulness of his allegations. It also takes note of the explanations provided by counsel in this
respect.
6.6
The Committee also notes that it has not been clearly established that the complainant
was wanted by the Sri Lankan police or CID or that the Colombo police document be provided
as evidence was genuine, it being indeed surprising that this document, dated 23 August 1999,
was never shown to the Swiss authorities, even when the complainant applied to have
the 20 January deadline for his departure extended.
6.7
Furthermore, the Committee believes that there is insufficient support for the
complainant’s allegations of having been tortured in Sri Lanka and that, in particular, his
allegations are not corroborated by medical evidence, even though the complainant received
medical treatment in Switzerland shortly after his arrival.
6.8
The Committee is aware of the seriousness of the human rights situation in Sri Lanka,
and of reports alleging the practice of torture there. However, it recalls that, for the purposes of
article 3 of the Convention, a foreseeable, real and personal risk must exist of being subjected to
torture in the country to which a person is returned. On the basis of the considerations above, the
Committee is of the opinion that such risk has not been established.
6.9
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 decision of the State party to return the complainant to Sri Lanka does not constitute a
breach of article 3 of the Convention.
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