CAT/C/32/D/148/1999
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be considered to be in danger of being subjected to torture in his or her
specific circumstances.
6.2 In assessing the risk of torture in the complainant’s case, the Committee
notes the substantial inconsistencies in the complainant’s evidence throughout
the proceedings, highlighted by the State party, which, in this case, was
considered in depth by the Refugee Review Tribunal on two separate
occasions. It observes that the complainant has not explained nor given any
reasons for these inconsistencies and notes paragraph 8 of its General
Comment No 1, pursuant to which questions about the credibility of a
complainant, and the presence of relevant factual inconsistencies in his claim,
are pertinent to the Committee's deliberations as to whether the complainant
would be in danger of being tortured upon return.
6.3 Concerning the allega tions of political involvement and previous illtreatment at the hands of the Sudanese authorities as grounds for fearing that
the complainant would be subjected to torture on return, the Committee notes
that even if it were to discount the abovementioned inconsistencies and accept
these claims as true, the complainant does not claim to have been politically
involved since 1992, and at no time during the domestic proceedings nor in
his complaint to the Committee did he claim to have been tortured by the
Sudanese authorities.
6.4 On the issue of his alleged desertion, the Committee notes that the State
party did examine the letter, dated 1 June 1996, in which the complainant was
allegedly drafted by the PDF, but considered it not to be genuine. The
Committee considers that due weight must be accorded to findings of fact
made by domestic, judicial or competent government authorities unless it can
be demonstrated that such findings are arbitrary or unreasonable. Even if the
Committee were to consider that the complainant is a deserter or evaded the
draft, he has not demonstrated that he would be subjected to torture upon his
return to Sudan. The Committee observes that the State party considered a
significant amount of information from various different sources before
arriving at this conclusion.