CAT/C/32/D/135/1999
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all relevant considerations, including the existence in the relevant State of a consistent
pattern of gross, flagrant or mass violations of human rights. However, the aim is to
establish whether the individual concerned would be at personal risk of torture in the
country to which he or she would be returned. In accordance with the Committee’s
jurisprudence, the existence of a consistent pattern of gross, flagrant or mass violation
of human rights in a country does not of itself constitute sufficient grounds for
determining whether the person in question would be at risk of being subjected to
torture upon return to that country. Nor does the absence of such a situation mean that
a person cannot be considered at risk of being subjected to torture.
6.3 The Committee recalls its General Comment on article 3, which states that the
Committee must assess whether there are ‘substantial grounds for believing that the
author would be in danger of torture’ if returned, and that the risk of torture ‘must be
assessed on grounds that go beyond mere theory or suspicion’. The risk involved need
not be ‘highly probable’, but it must be ‘personal and present’.17 In this regard, in
previous decisions, the Committee has consistently determined that the risk of torture
must be ‘foreseeable, real and personal.’18
6.4 In assessing the risk of torture in the present case, the Committee notes that the
complainant claims to have been detained and tortured previously by the Turkish
authorities. However, the alleged acts of torture occurred in 1995. The Committee
notes that, in accordance with its General Comment on article 3, information which is
considered pertinent to risk of torture includes whether the complainant has been
tortured in the past, and if so, whether this was in the recent past. The incidents
referred to took place 9 years ago, a lapse of time which cannot be described as
recent.
6.5 The Committee must also consider whether the complainant has engaged in any
political or other activity within or outside his own country which would make him
particularly vulnerable to any risk of torture upon return to Turkey. In relation to his
activities inside Turkey, the complainant’s political activities included collecting
money and food for displaced Kurdish villagers. Although he claims to have been
17
General Comment No1, Sixteenth Session (1996).
Views of the Committee on Communication No 204/2002, H.K.H. v Sweden, adopted 28 November
2002.
18