the purpose of this analysis is to determine whether the person concerned would personally be in
danger of being subjected to torture in the country to which he would be returned. It follows that
the existence in a country of a consistent pattern of gross, flagrant or mass violations of human
rights is not in itself a sufficient reason for establishing that a particular person would be in
danger of being subjected to torture if he were returned to that country. There must be other
reasons to suggest that the person concerned would personally be in danger. Similarly, the
absence of a consistent pattern of flagrant violations of human rights does not mean that a person
cannot be subjected to torture in his own particular situation.
8.2
The Committee draws attention to its general comment No. 1 on the implementation of
article 3, which reads: “Bearing in mind that the State party and the Committee are obliged to
assess whether there are substantial grounds for believing that the complainant would be in
danger of being subjected to torture were he/she to be expelled, returned or extradited, the risk of
torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk
does not have to meet the test of being highly probable” (para. 6).
8.3
The Committee recalls the report on its visit to Mexico from 23 August
to 12 September 2001 (CAT/C/75), and stresses that recent reports on the human rights
situation in Mexico have concluded that although efforts have been made to eliminate torture,
many cases of torture are still reported. However, in line with the reasoning previously
advanced, although it might be possible to assert that there still exists in Mexico a pattern of
human rights violations, that in itself would not constitute sufficient cause for finding that the
complainant was likely to be subjected to torture on his return to Mexico; additional reasons
must exist indicating that the complainant would be personally at risk.
8.4
The Committee notes that the State party has at no time challenged the authenticity of the
medical and psychological reports on the complainant’s case. In the Committee’s view, those
reports lend considerable weight to his allegation that he was tortured during the interrogations
he underwent in a military camp. According to the medical report, Mr. Falcon Ríos bore
numerous scars from cigarette burns on various parts of his body, and scars from knife wounds
to both legs. The conclusion of the reporting physician was that “the marks on the patient’s body
are compatible with the torture that he states he suffered”.
8.5
The Committee notes the State party’s point that the Refugee Protection Division
concluded that the complainant’s testimony contained significant gaps. However, it also notes
that, according to the psychologist’s report, the complainant displayed “great psychological
vulnerability” as a result of the torture to which he had allegedly been subjected. The same
report states that Mr. Falcon Ríos was “very destabilized by the current situation, which presents
concurrent difficulties”, and that he was “bruised, weakened by the torture he had undergone and
events associated with trauma”. In the Committee’s view, the vagueness referred to by the State
party can be seen as a result of the psychological vulnerability of the complainant mentioned in
the report; moreover, the vagueness is not so significant as to lead to the conclusion that the
complainant lacks credibility. In considering the foregoing and formulating its opinion, the
Committee has had due regard for its established practice, according to which it is not the
Committee’s place to question the evaluation of evidence by the domestic courts unless the
evaluation amounts to a denial of justice.
110
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