9.1 The Committee has considered the communication in the light of all
the information made available to it by the parties, in accordance with
article 22, paragraph 4, of the Convention.
9.2 The issue before the Committee is whether or not the forced return of
the authors to Sri Lanka would violate the obligation of Canada under
article 3 of the Convention not to expel a person to another State where
there are substantial grounds for believing that he would be in danger of
being subjected to torture.
9.3 In reaching this decision, the Committee must take into account all
relevant considerations, pursuant to article 3, paragraph 2, of the
Convention, including the existence of a consistent pattern of gross,
flagrant or mass violations of human rights. The aim of the determination,
however, is to establish whether the individuals concerned would be
personally at risk of being subjected to 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 a sufficient ground for determining that a particular person
would be in danger of being subjected to torture upon his return to that
country; additional grounds must exist to show that the individual
concerned would be personally at risk. Similarly, 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.
9.4 The Committee recalls its general comment on the implementation of
article 3, which reads:
"Bearing in mind that the State party and the Committee are obliged to
assess whether there are substantial grounds for believing that the author
would be in danger of being subjected to torture were he/she to be
expelled, returned or extradited, the risk of torture must be assessed on
grounds that go beyond mere theory or suspicion. However, the risk does
not have to meet the test of being highly probable" (A/53/44, annex IX,
para. 6).
9.5 The Committee recalls that the State party's obligation to refrain from
forcibly returning a person to another State where there are substantial
grounds for believing that he or she would be in danger of being subjected
to torture is directly linked to the definition of torture as found in article 1
of the Convention. For the purposes of the Convention, according to
article 1, "the term 'torture' means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or a third person