CAT/C/63/D/488/2012
11.6 The Committee notes the State party’s assertion that all the evidence submitted to
the Canadian authorities was examined by, inter alia, the Minister’s delegate and the
Federal Court; that, at the time of the complainant’s removal, it had been determined that he
would not face any risk of torture; and that, the absence of risk notwithstanding, as a
precautionary measure the State party obtained diplomatic assurances from Rwanda,
including assurances that any treatment that would be in violation of the Convention was
prohibited. The Committee also notes the argument that the complainant’s allegations are
general in nature, that he has not submitted any evidence of the existence of a foreseeable,
real risk and that the violations that he claims have occurred since his return do not
constitute acts of torture under article 1 of the Convention. The Committee further notes the
argument that the media interest surrounding the complainant’s case is an additional
guarantee that he will not run the risks that he claims that he faces.
11.7 In the light of the information made available to it, the Committee considers that the
State party has not violated its obligation under article 3 of the Convention. Article 3
concerns the principle of non-refoulement, which, under the Convention, applies only to
treatment that is contrary to article 1 of the Convention. The information supplied by the
complainant, which was examined extensively and thoroughly by the Canadian authorities,
offers no evidence of a real, personal and foreseeable risk of torture in the event of
extradition to Rwanda. The supporting documentation provided by the complainant is
primarily based on the presumption that the complainant, who had been accused of
genocide and was wanted by the Rwandan authorities, would automatically have been at
risk of torture. The information made available to the Committee does not, however,
contain any reference to allegations of torture following the return (or extradition or transfer)
to Rwanda of persons to be tried for acts of genocide. Moreover, although the treatment of
the complainant after his return cannot, as previously mentioned, be regarded as a decisive
consideration, the allegations submitted to the Committee by the complainant following his
return to Rwanda fall outside the scope of article 1 of the Convention and are therefore
merely supplementary considerations that lead the Committee to conclude that no violation
of article 3 of the Convention has been committed in this case.
11.8 The Committee recalls that the State party, by ratifying the Convention and
voluntarily accepting the Committee’s competence under article 22, has undertaken to
cooperate with the Committee in good faith in giving full effect to the procedure for
examining individual complaints established thereunder. The Committee also notes that
article 18 of the Convention vests it with competence to establish its own rules of procedure,
which, once they have been instituted, become inseparable from the Convention insofar as
they do not contradict it. The Committee also notes that the State party’s obligations
include observance of the rules of procedure adopted by the Committee, which are
inseparable from the Convention, including rule 114, which is specifically intended to give
meaning and scope to articles 3 and 22 of the Convention, since those articles would
otherwise offer no more than partial, if not purely theoretical, protection to asylum seekers
claiming that they run a serious risk of torture. 24 Consequently, the Committee is of the
view that, by sending the complainant back to Rwanda despite the Committee’s request for
interim measures, thereby presenting the Committee with a fait accompli, the State party
has violated its obligations under article 22 of the Convention.
12.
The Committee, acting under article 22 (7) of the Convention, concludes that the
complainant’s removal to Rwanda by the State party does not constitute a violation of
article 3 of the Convention. Nevertheless, his removal to Rwanda on 23 January 2012,
notwithstanding the interim measures requested by the Committee on 11 and 12 January,
constitutes a breach of article 22 of the Convention.
24
14
R.S. et al v. Switzerland (CAT/C/52/D/481/2011), para. 7; Dar v. Norway (CAT/C/38/D/249/2004),
para. 16.3; and Tebourski v. France, para. 8.6.
GE.18-15056