CAT/C/28/D/146/1999 page 5 The complaint 3. Counsel claims that the complainant fears that if returned to Georgia, she will be arrested, tortured and killed for her participation in the Mengrel political organization Zwiadists, the demonstration that took place on 19 November 1993, and the effect of her deceased husband’s participation in the Mengrel army. Counsel adds that there exists a consistent pattern of human rights violations by Georgian authorities, in particular against political opponents, who risk torture and ill-treatment in prison, and there is overwhelming reason to believe that the complainant will be subjected to torture or other inhuman treatment if returned to Georgia. State party observations on admissibility and the merits 4.1 In its note verbale of 10 December 1999, the State party submits its observations to the admissibility and the merits of the case. The State party submits that the complainant has failed to establish a prima facie case for purposes of admissibility of the petition, and that the case therefore should be declared inadmissible. 4.2 The State party contends that the Refugee Board has considered all aspects of the case, taking into account the State party’s obligations under the Convention, and that no further information submitted to the Committee against Torture may reveal that the complainant risks torture if returned to Georgia. It points out that the Committee is not an appellate but a monitoring body, and that the complainant is using the Committee to obtain a renewed assessment of her case. 4.3 Concerning the assessment whether there are substantial grounds for believing that the complainant will be in danger of being subjected to torture if returned to Georgia, the State party refers to the Refugee Board decisions in their entirety. The State party emphasizes that according to background information available, only high-ranking or high profile members of the Zwiadists are being persecuted, and the complainant did not belong to this group. With reference to the Committee’s jurisprudence in I.O.A. v. Sweden,1 and N.P. v. Australia,2 the State party argues that it is important whether information about the recipient country supports the complainant’s allegations that she risks being subjected to torture. Furthermore, the State party refers to X v. Switzerland,3 where the Committee emphasized that the applicant “does not belong to a political, professional or social group targeted by the authorities for repression and torture”. 4.4 The State party reiterates that the Refugee Board did not accept the complainant’s story that she had been liberated from detention through an armed attack, mainly because there were no references to such an action in their background material. Although the complainant claimed that her father took part in the attack, he did not mention the attack in his application for asylum. In this context, the State party refers to the Committee decision in H.D v. Switzerland 4 where the Committee takes into account whether the complainant’s presentation of the facts are considered well attested and credible.

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