CAT/C/60/D/681/2015
the Committee’s rules of procedure. The Committee recalls that for a claim to be admissible
under article 22 of the Convention and rule 113 (b) of its rules of procedure, it must rise to
the basic level of substantiation required for purposes of admissibility. 18 The Committee
considers that the complainant has sufficiently detailed the facts and the basis of his claims
under article 3 of the Convention to enable the Committee to make a decision, and therefore
considers that his claims are sufficiently substantiated for the purpose of admissibility.
7.3
The Committee notes that the State party does not challenge the admissibility of the
complaint on any other grounds and it therefore finds no obstacles to admissibility.
Accordingly, the Committee declares the complaint admissible and proceeds with its
consideration on the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties concerned, in accordance with article 22 (4) of the
Convention.
8.2
In the present case, the issue before the Committee is whether the removal of the
complainant to Afghanistan would constitute a violation of the State party’s obligation
under article 3 (1) of the Convention not to expel or return (“refouler”) a person to another
State where there are substantial grounds for believing that he would be at risk of being
subjected to torture.
8.3
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 Afghanistan. In assessing this risk, the Committee must take into account all
relevant considerations, pursuant to article 3 (2) of the Convention, including the existence
of a consistent pattern of gross, flagrant or mass violations of human rights. However, the
Committee recalls that 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 or she would be returned. 19 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 sufficient reason for determining that a particular person would be in
danger of being subjected to torture upon return to that country. Additional grounds must be
adduced to show that the individual concerned would be personally at risk. 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. 20
8.4
The Committee also recalls its general comment No. 1 and reaffirms that the
existence of a risk of torture must be assessed on grounds that go beyond mere theory or
suspicion. Although the risk does not have to be shown to be highly probable, 21 the burden
of proof generally falls on the complainant, who must present an arguable case establishing
that he or she is at “foreseeable, real and personal risk”. 22 The Committee gives
considerable weight to findings of fact that are made by the organs of the State party
concerned, while at the same time it is not bound by such findings and instead has the
18
19
20
21
22
8
See, inter alia, communication No. 308/2006, K.A. v. Sweden, decision of inadmissibility of 16
November 2007, para. 7.2.
See, inter alia, communication No. 470/2011, X. v. Switzerland, decision adopted on 24 November
2014.
See, inter alia, communication No. 490/2012, E.K.W. v. Finland, decision adopted on 4 May 2015,
para. 9.3.
See general comment No. 1, para. 6.
See, inter alia, communications No. 203/2002, A.R. v. the Netherlands, decision adopted on 14
November 2003, para. 7.3; No. 258/2004, Dadar v. Canada, decision adopted on 23 November 2005,
para. 8.4; No. 343/2008, Kalonzo v. Canada, decision adopted on 18 May 2012, para. 9.3; No.
458/2011, X. v. Denmark, decision adopted on 28 November 2014, para. 9.3; and No. 520/2012,
W.G.D. v. Canada, decision adopted on 26 November 2014, para. 8.4.