acquiescence of a public official in the past; (c) whether the situation
referred to in (a) has changed; and (d) whether the author has engaged
in political or other activity within or outside the State concerned
which would appear to make him particularly vulnerable to the risk of
being tortured.
4.14 Contrary to the author's allegations, the State party emphasizes
that the risks faced by the author upon his return to Afghanistan were
assessed by the Minister of Citizenship and Immigration in April
1996 when considering whether the author was a danger to the public.
The jurisprudence cited by the author to support his argument (7)has
not always been followed and is now under appeal before the Federal
Court of Appeal. Moreover, the State party submits that it is not for
the Committee to question its internal procedures on risk assessment.
Finally, such a risk assessment was also evaluated by the Federal
Court Trial Division on the request to stay the deportation.
4.15 The State party considers that the author has not demonstrated,
on a prima facie basis, that he is personally at risk of torture because
of his ethnic origin. Although it is not denied that there are violations
of human rights perpetrated by the Taliban, there is no indication that
the Tajiks are specifically targeted. The State party refers to
information from the Research Directorate of the Canadian
Immigration and Refugee Board stating that persecution is rather
aimed at the Shia Hazar people and the Turkish-speaking supporters
of General Dostam. The same source of information underlines that,
"generally, people who are suspected of supporting … the Northern
Alliance would be under tight surveillance from the Taliban security
forces. Ethnic affiliation is not a primary reason for being targeted by
the Taliban …; however, Tajiks living under the Taliban rules are
careful and venture in the streets of Kabul with caution". Moreover,
the report indicates that Tajiks can freely and safely live in the north
of Afghanistan while the ones living on the territory controlled by the
Taliban are not systematically targeted for surveillance. There is also
no evidence that torture is routinely practised by the Taliban against
the Tajiks, the author himself acknowledges in his communication
that "torture does not appear to be a routine practice in all cases".
4.16 The State party further argues that the author did not bring any
evidence that he would be personally at risk of torture in Afghanistan.
There is no evidence that the author was ever arrested and the reasons
for which he left his country in 1977 no longer exist. Neither has the
author stated that persons in his entourage were persecuted or tortured
because they were Tajiks, nor has the author been engaged in a
political activity that could draw the Taliban's attention. The facts