CAT/C/45/D/333/2007
human rights does not necessarily mean that a person cannot be considered to be in danger
of being subjected to torture in his or her specific circumstances.
7.4
The Committee is aware of the poor human rights situation in Uzbekistan. It has
itself cited numerous, ongoing and consistent allegations concerning routine use of torture
and other cruel, inhuman or degrading treatment or punishment committed by Uzbek law
enforcement and investigative officials or with their instigation or consent, often to extract
confessions or information to be used in criminal proceedings, which commonly occur
before formal charges are made and during pre-trial detention, when the detainee is
deprived of fundamental safeguards, as well as the failure to conduct prompt, impartial and
full investigations into claims of torture8. However, the Committee notes that the
complainant has not provided sufficient information to support his claim that Tatars and
therefore, he himself, are discriminated against to the extent that would place him at a
particular risk of torture in Uzbekistan. In this regard, in previous decisions, the Committee
has determined that the risk of torture must be foreseeable, real and personal.9
7.5
The Committee notes that despite several inquiries about medical or any other
documentary evidence in support of his account of events in Uzbekistan prior to his
departure, namely of his alleged arrest, and ill-treatment in detention in 1995, which would
corroborate his claim or possible effects of such ill-treatment, the complainant did not
provide any such evidence. Neither did he provide any report of a medical examination
after his arrival in Canada. In such circumstances, the Committee finds that he has failed to
establish his claim that he would personally be exposed to a substantial risk of being
subjected to torture if returned to Uzbekistan at the present time.
8.
In the light of the above, 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 decision of the State Party to return the
complainant to Uzbekistan would not constitute a breach of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
8
Committee against Torture. Concluding observations: Uzbekistan. 26 February 2008.
CAT/C/UZB/CO/3
9
A.R. v. The Netherlands, No. 203/2002, Views adopted on 21 November 2003, paragraph 7.3.
8