6.2
In assessing the risk of torture in the complainant’s case, the Committee notes the
substantial inconsistencies in the complainant’s evidence throughout the proceedings,
highlighted by the State party, which, in this case, was considered in depth by the Refugee
Review Tribunal on two separate occasions. It observes that the complainant has not explained
nor given any reasons for these inconsistencies and notes paragraph 8 of its general comment
No. 1, pursuant to which questions about the credibility of a complainant, and the presence of
relevant factual inconsistencies in his claim, are pertinent to the Committee’s deliberations as to
whether the complainant would be in danger of being tortured upon return.
6.3
Concerning the allegations of political involvement and previous ill-treatment at the
hands of the Sudanese authorities as grounds for fearing that the complainant would be subjected
to torture on return, the Committee notes that even if it were to discount the above-mentioned
inconsistencies and accept these claims as true, the complainant does not claim to have been
politically involved since 1992, and at no time during the domestic proceedings nor in his
complaint to the Committee did he claim to have been tortured by the Sudanese authorities.
6.4
On the issue of his alleged desertion, the Committee notes that the State party did
examine the letter, dated 1 June 1996, in which the complainant was allegedly drafted by the
PDF, but considered it not to be genuine. The Committee considers that due weight must be
accorded to findings of fact made by domestic, judicial or competent government authorities
unless it can be demonstrated that such findings are arbitrary or unreasonable. Even if the
Committee were to consider that the complainant is a deserter or evaded the draft, he has not
demonstrated that he would be subjected to torture upon his return to Sudan. The Committee
observes that the State party considered a significant amount of information from various
different sources before arriving at this conclusion.
6.5
The Committee notes the claim that if returned to Sudan, the complainant would be
compelled to perform military service, despite the fact that he is a conscientious objector, and the
implication that this would amount to torture, as defined by article 3 of the Convention. The
Committee considers that the letter of 1 June 1996, the veracity of which has been challenged, as
well as the complainant’s allegation that opponents of the regime are called up to fight in the
civil war, is insufficient to demonstrate that he either is a conscientious objector or that he would
be drafted on return to Sudan. As with the other reasons for claiming a fear of torture on return,
the State party’s evaluation of the facts in this respect has not been shown to be unreasonable or
arbitrary.
6.6
On the basis of the foregoing, the Committee considers that the complainant has not
provided a verifiable basis to conclude that substantial grounds exist for believing that he would
face a foreseeable, real and personal risk of being subjected to torture upon his return to Sudan,
within the meaning of article 3 of the Convention.
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 removal of the complainant to Sudan would not constitute a breach of article 3 of the
Convention.
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