CAT/C/20/D/65/1997
page 8
as the one applied by the Committee under article 3 of the Convention against
Torture. However, the European Commission has declared inadmissible most
complaints against Sweden as manifestly ill-founded.
5.11 The State Party expresses its concern about a possible development of
different standards under the two human rights instruments of essentially the
same right. The State Party argues that diverging standards in this respect
would create serious problems for States which have declared themselves bound
by both instruments. Problems would arise when States attempt to adapt
themselves to international case-law, if this case-law is inconsistent.
According to the State Party, inconsistent case-law may also have serious
detrimental effects on the overall credibility of the human rights protection
system at international level.
Counsel's comments
6.1
In his comments on the State Party's submission, counsel points out that
Djibouti is not a party to the Convention against Torture and that
consequently its Government is not even willing to give an image of respecting
human rights. According to counsel, this is an additional reason for
believing that the author will be tortured upon his return.
6.2
Counsel explains that there is no possibility of a further new
application to the Aliens Appeals Board, because no factual new circumstances
exist in the author's case. He maintains that all domestic remedies have been
exhausted.
6.3
As to the merits, counsel contends that the human rights situation in
Djibouti raises serious concerns. He explains that the political situation is
characterized by the tension between the two main ethnic groups, the Issas and
the Afars. After many years of struggle, a peace treaty between FRUD and the
Government was signed in December 1994, but according to counsel, a large
majority of FRUD continued its political resistance. Counsel submits that the
Government discriminates against the Afar population in general and oppresses
politically active opponents in particular. According to counsel, the
situation in Djibouti amounts to a consistent pattern of gross, flagrant, or
mass violations of human rights.
6.4
Counsel acknowledges that a serious human rights situation as such does
not constitute a sufficient ground for determining that a person will be at
risk of being tortured if returned. According to counsel however, in Djibouti
prerequisite political and social conditions exist that make it indeed likely
that torture would occur.
6.5
Counsel acknowledges that the Swedish legislation reflects essentially
the same test as article 3 of the Convention, but argues that there is no
indication that this test was indeed applied in the author's case.
6.6
Counsel explains that the author has been confusing what happened at
which hearings, and that this explains the inconsistencies of his claims
concerning the interpretation. Counsel states that the author suffers
psychological trauma and that his confusion is understandable and cannot be
considered as affecting his credibility. Counsel maintains that the time
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