CAT/C/32/D/148/1999
Page 12
to them. Neither of these sources supports the credibility of complainant’s
claims of belonging to Umma, or of his fear of torture. 7
4.15 Finally, advice from Australia’s Department of Foreign Affairs and
Trade states that “it is not unusual for Sudanese nationals to remain outside
Sudan for long periods, usually for economic reasons”. 8 Information sought
from other countries on conditions in Sudan and profiles of Sudanese refugee
applicants indicate that while members of the Umma Party or Ansar are
sometimes persecuted in Sudan, many persons claim to be party members.
Consequently, it is necessary to verify the veracity of these declaratio ns and
the degree of personal commitment of the claimants.
4.16 As to whether the complainant would risk to be subjected to torture for
having sought asylum in Australia, the State party submits that there is little
evidence to support this possibility. According to the complainant’s own
evidence, on returning to Sudan his brother was arrested and interrogated as to
where he had been and what he was doing outside Sudan when he returned,
but was released unharmed after five days. The State party has been advised
by the DIMA officer in Cairo that it is aware of Sudanese nationals who
returned after fleeing Sudan following the 1989 coup, including nationals who
were granted refugee status in Australia and who suffered no problems with
the authorities on return to Sudan. The State party also refers to information
from the Australian Department of Foreign Affairs and Trade from April
2000, which indicated that the Umma party and the Sudanese government
were attempting to reconcile their differences.
Issues and proceedings before the Committee:
Consideration of admissibility
5.1 Before considering any claim contained in a complaint, the Committee
7
Gerard Prunier, “Sudan Update: War in North and South”, UNHCR RefWorld-Country
Information, p.3
8
DFAT CA500922 of 22 January 1998, CX27237