CAT/C/21/D/100/1997
page 6
6.3
The Committee must decide, pursuant to article 3, paragraph 1, whether
there are substantial grounds for believing that the author would be in danger
of being tortured if sent back to Nigeria. To do so, it must take account of
all relevant considerations as called for by article 3, paragraph 2, including
the existence of a consistent pattern of gross, flagrant or mass violations of
human rights. The aim, however, is to determine whether the individual
concerned would personally risk torture in the country to which he or she
would return. 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 whether the particular person
would be in danger of being subjected to torture upon his return to that
country; additional grounds must be adduced to show that the individual
concerned would be personally at risk. Similarly, the absence of a consistent
pattern of gross violations of human rights does not mean that a person cannot
be considered to be in danger of being subjected to torture in his or her
particular circumstances.
6.4
In the case in point, the Committee notes that the author has never been
arrested or subjected to torture. Nor has the author claimed that persons in
his immediate circle or individuals who participated in the events which
according to him were the reason for his departure from the country were
arrested or tortured. Furthermore, it has not been clearly established that
the author continues to be sought by the Nigerian police or that the arrest
warrant he furnished is an authentic document. Finally, the author has not
cited specific cases of individuals alleged to have been tortured in Nigeria
after being rejected by countries from which they had requested asylum.
6.5
The Committee notes with concern the numerous reports of human rights
violations, including the use of torture, in Nigeria, but recalls that, for
the purposes of article 3 of the Convention, the individual concerned must
face a foreseeable, real and personal risk of being tortured in the country to
which he is returned. In the light of the foregoing, the Committee deems that
such a risk has not been established.
6.6
On the basis of the above considerations, the Committee considers that
the information before it does not show substantial grounds for believing that
the author runs a personal risk of being tortured if he is sent back to
Nigeria.
7.
The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, concludes that the facts before it do not indicate a breach of
article 3 of the Convention.
[Done in English, French, Russian and Spanish, the French text being the
original version.]
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