CAT/C/20/D/65/1997
page 12
14.3 The Committee has noted the medical evidence provided by the author, and
on this basis is of the opinion that there is firm reason to believe that the
author has been tortured in the past. In this context, the Committee observes
that the author suffers from a Post-Traumatic Stress Disorder, and that this
has to be taken into account when assessing the author's presentation of the
facts. The Committee is therefore of the opinion that the inconsistencies as
exist in the author's story do not raise doubts as to the general veracity of
his claim that he was detained and tortured.
14.4 The Committee further notes that the author was detained in 1991,
allegedly because he had published articles abroad, criticising the
Government. The author has stated that he has continued to publish articles
about Djibouti, and that he therefore continues to be at risk of being
detained and tortured when returned to Djibouti. The Committee notes that the
State Party's immigration authorities were of the opinion that the author's
writings were not of such character as to endanger him upon his return. The
author has provided a list of his publications in Arabic-speaking magazines,
in which he has criticized the Government for its policies and denounced the
discriminatory treatment of Afars. There is no indication that the author is
otherwise politically active against the Government of Djibouti.
14.5 The Committee is aware of reported human rights violations in Djibouti,
but has no information which would allow it to conclude that a consistent
pattern of gross, flagrant or mass violations of human rights exists in
Djibouti. According to the information available to the Committee, although
journalists are occasionally jailed or intimidated by police, they do not
appear to be among the groups that are targeted for repression and opposition
periodicals circulate freely and openly criticize the Government. The
Committee also notes that no reports of torture exist with regard to the FRUD
officials who were detained in September 1997. The Committee recalls that,
for the purposes of article 3 of the Convention, a foreseeable, real and
personal risk must exist of being subjected to torture in the country to which
a person is returned. On the basis of the considerations above, the Committee
is of the opinion that such risk has not been established. In this
connection, the Committee notes that a risk of being detained as such is not
sufficient to trigger the protection of article 3 of the Convention.
14.6 The Committee considers that the information before it does not show
that substantial grounds exist for believing that the author will be in danger
of being subjected to torture if he is returned to Djibouti.
15.
The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, is of the view that the facts as found by the Committee do not
reveal a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the English text being the
original version].
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