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.