CAT/C/60/D/602/2014
arguments should be dealt with on the merits. Accordingly, the Committee finds no
obstacles to the admissibility and declares the communication admissible.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 22 (4) of the Convention.
8.2
The issue before the Committee is whether the return of the complainant to the
Sudan would constitute a violation of the State party’s obligation under article 3 of the
Convention not to expel or to return (“refouler”) a person to another State where there are
substantial grounds for believing that he or she would be in danger of being subjected to
torture.
8.3
The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon
return to the Sudan. In assessing this risk, the Committee must take into account all relevant
considerations, pursuant to article 3 (2) of the Convention, including the existence of a
consistent pattern of gross, flagrant or mass violations of human rights. The Committee
remains seriously concerned about the continued and consistent allegations of widespread
use of torture and other cruel, inhuman or degrading treatment perpetrated by State actors,
both the military and the police, which have continued in many parts of the Sudan. 27
However, the Committee recalls that the aim of such determination is to establish whether
the individual concerned would be personally at a foreseeable and real risk of being
subjected to torture in the country to which he or she would return; additional grounds must
be adduced to show that the individual concerned would be personally at risk. 28
8.4
The Committee recalls its general comment No. 1, according to which the risk of
torture must be assessed on grounds that go beyond mere theory or suspicion. The risk does
not have to meet the test of being highly probable, but it must be personal and present. In
this regard, in previous decisions, the Committee has determined that the risk of torture
must be foreseeable, real and personal. The Committee recalls that, under the terms of
general comment No. 1, it gives considerable weight to findings of fact that are made by
authorities of the State party concerned, while at the same time it is not bound by such
findings and instead has the power, provided by article 22 (4) of the Convention, of free
assessment of the facts based upon the full set of circumstances in every case.
8.5
The Committee notes the complainant’s claims that he would be at real personal risk
of torture if returned to the Sudan because: he was interrogated regarding his brother’s
involvement with the Justice and Equality Movement and the brother’s whereabouts by
national security officers and police officers; he was stabbed with a knife several times by
security officers; he was threatened with death by police officers; and he fled a military
hospital where he had been detained and subsequently the country. He also fears returning
to the Sudan because of his relationship with a Christian woman, since police officers had
accused him of not being a true Muslim on account of that relationship. The Committee
also notes the State party’s observations that its domestic authorities found that the
complainant lacked credibility because, inter alia, he had made conflicting and
augmentative statements during interviews, and that he and his partner had made
inconsistent statements concerning the reason for their departure from the Sudan (see paras.
4.3 and 4.4 above).
8.6
In the present case, the Committee observes that the complainant’s allegations that
he would risk being tortured if returned to the Sudan rely on the general human rights
record of the Sudan and on the claim that, in 2007, he had been stabbed with a knife,
threatened and arrested by security and police officers to make him reveal the whereabouts
of his brother, a supporter of the Justice and Equality Movement. The Committee also notes
the State party’s submissions that the complainant has never been involved with the
27
28
10
CCPR/C/SDN/CO/4, paras. 15-17.
See communications No. 282/2005, S.P.A. v. Canada, decision adopted on 7 November 2006; No.
333/2007, T.I. v. Canada, decision adopted on 15 November 2010; and No. 344/2008, A.M.A. v.
Switzerland, decision adopted on 12 November 2010.