CAT/C/32/D/148/1999
Page 15
6.5 The Committee notes the claim that if returned to Sudan, the complainant
would be compelled to perform military service, despite the fact that he is a
conscient ious objector, and the implication that this would amount to torture,
as defined by article 3 of the Convention. The Committee considers that the
letter of 1 June 1996, the veracity of which has been challenged, as well as the
complainant’s allegation that opponents of the regime are called up to fight in
the civil war, is insufficient to demonstrate that he either is a conscientious
objector or that he would be drafted on return to Sudan. As with the other
reasons for claiming a fear of torture on return, the State party’s evaluation of
the facts in this respect has not been shown to be unreasonable or arbitrary.
6.6 On the basis of the foregoing, the Committee considers that the
complainant has not provided a verifiable basis to conclude that substantial
grounds exist for believing that he would face a foreseeable, real and personal
risk of being subjected to torture upon his return to Sudan, within the meaning
of article 3 of the Convention.
7. The Committee against To rture, 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 the complainant to
Sudan would not constitute a breach of article 3 of the Conventio n.
[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.]
--------