CAT/C/48/D/396/2009
in Lomé on 26 February 2006, the Federal Office for Migration initially disputed that it had
happened, but it did not repeat the argument in its statement of 9 November 2006, which
proves that it has accepted that the event did occur. The fact that two perpetrators of the
attack have already been arrested and tried proves that if the complainant was arrested, he
too would suffer a similar fate. Furthermore, there was no inconsistency regarding the
complainant’s place of residence in Togo. The Federal Office for Migration acknowledged
in its decision of 8 September 2010 that he had been in hiding in Agouegan. At the
registration centre, the complainant had been questioned about his last address, which
explains why it did not match his official address in Lomé.
5.4
The complainant refutes the allegation that he mentioned the problems he faced in
2003 only at a late stage in the proceedings since he had already mentioned the report he
had made about a person attempting to vote twice in 2003 during the first hearing at the
registration centre. He had also mentioned at that time the events surrounding the meeting
of 16 April 2005.
5.5
The complainant concludes that the statements and evidence submitted show that if
he returned to Togo he would be subjected to treatment contrary to article 3 of the
Convention.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a complaint, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
6.2
The Committee further notes that domestic remedies have been exhausted pursuant
to article 22, paragraph 5 (b), and that the State party does not contest admissibility.
Accordingly, the Committee finds the complaint admissible and proceeds to its
consideration on the merits.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
made available to it by the parties concerned, in accordance with article 22, paragraph 4, of
the Convention.
7.2
The issue before the Committee is whether the expulsion of the complainant to Togo
would constitute a violation of the State party’s obligation under article 3 of the Convention
not to expel or to return a person to another State where there are substantial grounds for
believing that he would be in danger of being subjected to torture.
7.3
Regarding the complainant’s allegations under article 3, the Committee must take
into account all relevant considerations, including the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of human rights. However, the aim
of such analysis is to determine whether the complainant runs a personal risk of being
subjected to torture in Togo. 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
sufficient grounds for determining that a particular person would be in danger of being
8
GE.12-43942