CAT/C/37/D/279/2005**
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can be explained by the fact that the Gacaca process has been going through various
developments and that in 2005, more extensive witness material was gathered. It was only
upon contact with M. U. that she was informed of this information. Regarding the procedure
before the Gacaca courts, the complainants refer to a report by Penal Reform International of
June 2006, which states inter alia that the Gacaca “raises serious misgivings regarding the
situation of accused persons”.
5.7 As to the argument that no evidence exists that PDR-Ubuyanja party members were
arrested or detained since 2003, counsel states that he represented a Rwandan asylum seeker
before the Swedish authorities who had been subjected to torture while being interrogated on
his involvement in the PDR-Ubuyanja party in 2004. This individual was considered credible
and was granted refugee status by the Swedish authorities in 2005. As to the fact that neither
the first named complainant nor her brother were cited as detainees on any of the Amnesty
lists, the complainants submit that these lists were incomplete and that, according to the
Danish document referred to, “some of the detainees on the Amnesty list had in reality no
connection with RDR-Ubuyanja”.
5.8 According to the complainants, the discrepancy in the dates in the letter from the
representative of the LIPRODHOR was a typographical error and a new certificate is
submitted to the Committee with the correct date. Finally, the complainants submit that a
return to Rwanda in light of the heinous circumstances of the first complainant’s pregnancy,
where they have no immediate family, may have serious consequences for C. T.’s son as his
mother may not be able to give him the help and support that he needs. He is currently
attending a pre-school and is being investigated to ascertain whether he suffers from a form
of autism.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 Before considering any claims contained in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. It notes the State party’s confirmation,
in the submission of 15 August 2006, that domestic remedies have been exhausted.
6.2 The Committee finds that no further obstacles to the admissibility of the complaint
exist, declares it admissible and thus proceeds to its consideration on the merits.
Consideration of the merits
7.1 The issue before the Committee is whether the removal of the complainants to Rwanda
would violate the State party's obligation under article 3 of the Convention not to expel or to
return a person to another State where there are substantial grounds for believing that he or
she would be in danger of being subjected to torture.
7.2 In assessing the risk of torture, the Committee takes into account all relevant
considerations, including the existence in the relevant State of a consistent pattern of gross,
flagrant or mass violations of human rights. However, the aim of such determination is to
establish whether the individuals concerned would be personally at risk in the country to