CAT/C/18/D/34/1995
page 10
all relevant considerations, including the existence of a consistent pattern
of gross, flagrant or mass violations of human rights. In other words, the
existence of a consistent pattern of violations of human rights within the
meaning of article 3, paragraph 2, lends force to the Committee's belief that
substantial grounds exist within the meaning of paragraph 1.
9.4
However, the Committee has to determine whether the person concerned
would be personally at risk of being subjected to torture in the country to
which he would be expelled. Consequently, the existence of a consistent
pattern of gross, flagrant or mass violations of human rights in a particular
country does not in itself constitute a sufficient ground for concluding that
a particular person would be in danger of being subjected to torture after
returning to his country; additional grounds must exist in order to conclude
that the person concerned is personally at risk. Similarly, the absence of a
consistent pattern of flagrant violations of human rights does not mean that a
person cannot be considered to be at risk of being subjected to torture in his
specific circumstances.
9.5
In the present case, therefore, the Committee has to determine whether
the expulsion of Mr. Aemei (and his family) to Iran would have the foreseeable
consequence of exposing him to a real and personal risk of being arrested and
tortured. It observes that the “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 his flight from the country, but also on activities
undertaken by him in the receiving country: in fact, the wording of article 3
does not distinguish between the commission of acts, which might later expose
the applicant to the risk of torture, in the country of origin or in the
receiving country. In other words, even if the activities of which the author
is accused in Iran were insufficient for article 3 to apply, his subsequent
activities in the receiving country could prove sufficient for application of
that article.
9.6
The Committee certainly does not take lightly concern on the part of the
State party that article 3 of the Convention might be improperly invoked by
asylum seekers. However, the Committee is of the opinion that, even though
there may be some remaining doubt as to the veracity of the facts adduced
by the author of a communication, it must ensure that his security is not
endangered. 1 In order to do this, it is not necessary that all the facts
invoked by the author should be proved; it is sufficient that the Committee
should consider them to be sufficiently substantiated and reliable.
9.7
In the case of the author of the present communication, the Committee
considers that his membership of the People's Mojahedin organization, his
participation in the activities of that organization and his record of
detention in 1981 and 1983 must be taken into consideration in order to
determine whether he would be in danger of being subjected to torture if he
returned to his country. The State party has pointed to inconsistencies and
contradictions in the author's statements, which in its opinion cast doubt on
the veracity of his allegations. The Committee considers that although there
may indeed be some doubt about the nature of the author's political activities
in his country of origin, there can be no doubt about the nature of the
activities he engaged in in Switzerland for the APHO, which is considered an