4.16 As to whether the complainant would risk to be subjected to torture for having sought
asylum in Australia, the State party submits that there is little evidence to support this possibility.
According to the complainant’s own evidence, on returning to Sudan his brother was arrested
and interrogated as to where he had been and what he was doing outside Sudan when he
returned, but was released unharmed after five days. The State party has been advised by the
DIMA officer in Cairo that it is aware of Sudanese nationals who returned after fleeing Sudan
following the 1989 coup, including nationals who were granted refugee status in Australia and
who suffered no problems with the authorities on return to Sudan. The State party also refers to
information from the Australian Department of Foreign Affairs and Trade from April 2000,
which indicated that the Umma Party and the Sudanese Government were attempting to
reconcile their differences.
Issues and proceedings before the Committee
Consideration of admissibility
5.1
Before considering any claim contained in a complaint, the Committee 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.
5.2
The Committee notes that the fact that domestic remedies are exhausted is not contested
by the State party. The State party objects to admissibility on the grounds that the complainant
has not established a prima facie case of a violation of article 3, but the Committee is of the view
that the complainant has provided sufficient information in substantiation of his claim to
consider his complaint on the merits. As the Committee sees no further obstacles to the
admissibility of the complaint, it declares the complaint admissible and proceeds to its
consideration on the merits.
Consideration on the merits
6.1
The Committee must decide whether the forced return of the complainant to Sudan would
violate the State party’s obligation, under article 3, paragraph 1, of the Convention, not to expel
or return (refouler) an individual to another State where there are substantial grounds for
believing that he would be in danger of being subjected to torture. To reach its conclusion, the
Committee must take into account all relevant considerations, including the existence in the State
concerned 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. Conversely, 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 specific circumstances.
129
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents