Although there may be some doubts about the facts adduced by the person, it
is not necessary that all the facts invoked be proved; it is sufficient that they can
be considered to be sufficiently substantiated and reliable.90 The principle of
strict accuracy does not necessarily apply when the inconsistencies are not of a
material nature and do not raise doubts about the general veracity of the
person’s claims.91
“Another State” refers to the State to which the individual concerned is being
expelled, returned, or extradited as well as any State to which the individual may
subsequently be expelled, returned, or extradited.92
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
§ 2 The general human rights situation of the recipient State has to be considered to see whether a consistent pattern of gross, flagrant, or mass violations
exists. However, 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 specific person would be in danger of being subjected to torture upon his or her return to that country; additional grounds must
exist that indicate that the individual concerned would be personally at risk. 93
34
Similarly, the absence of a consistent pattern of gross violations of human
rights does not mean that a person cannot be considered in danger of being
subjected to torture in his or her specific circumstances.94 The person’s family
background or political activities and affiliation, any history of detention and torture, as well as indications that the person is at present wanted by the authorities are elements to be taken into account when determining whether
substantial grounds exist for believing that he or she is in danger of being subjected to torture.95 Past torture is another element to be taken into account,
although the aim of the examination is to discover whether the person would
risk being subjected to torture in the future.96 A personal risk includes a risk to
members of the person’s family.97
“A consistent pattern of gross, flagrant, or mass violations of human rights”
refers to violations by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official capacity, and not rooted
purely in private groups or individuals.98 However, private groups which, de
facto, exercise certain functions that are comparable to those normally exercised
by legitimate governments may fall, for the purposes of the application of the
Convention, within the phrase “public officials or other persons acting in an official capacity” contained in Article 1, and thereby give rise to a prohibition of
refoulement in particular cases.99
Substantial grounds for believing that return or expulsion would expose the
applicant to the risk of being subjected to torture may be based not only on acts
committed in the country of origin, in other words before a person’s flight from
the country, but also on activities subsequently undertaken by the person in the
receiving country.100
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