CAT/C/31/D/210/2002
Page 8
find any reason under rule 107 of its rules of procedure to consider this communication
inadmissible.
6.2
The Committee must decide whether the forced return of the petitioner to the
Russian Federation would violate the State party's obligation, under article 3, paragraph 1
of the Convention, not to expel or return (refouler) an individual to another State where
there are substantial grounds for believing that he would be in danger of being subjected
to torture. In order to reach its conclusion, the Committee must take into account all
relevant considerations, including the existence in the State concerned of a consistent
pattern of gross, flagrant or mass violations of human rights. The aim, however, is to
determine whether the individual concerned would personally risk 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
sufficient grounds for determining whether the particular person would be in danger of
being subjected to torture upon his 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 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.
6.3
The Committee notes that the complainant’s main argument relates to the way in
which the Refugee Board reached its decision not to grant him asylum, in particular its
interpretation of the medical opinion of 21 December 2000 addressing the question of
whether the complainant had been subjected to torture. The Committee is not persuaded
by the complainant’s arguments that he faces a real and personal risk of torture if
returned to the Russian Federation at the present time.
6.4
Consequently, 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 deportation of the complainant to the Russian
Federation would not constitute a breach of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]