CAT/C/50/D/392/2009
grounds that go beyond mere theory or suspicion while taking note of its general comment,
the Committee also recalls that, under article 22, paragraph 4, of the Convention, it shall
consider communications received in the light of all information made available to it by or
on behalf of the individual and by the State party concerned, and that, under that article it
thus has the power of free assessment of the facts of a case based upon the full set of
relevant circumstances.
7.3
The Committee must determine whether there are substantial grounds for believing
that the complainant would personally be in danger of being subjected to torture in Togo. In
order to do so, it must, in accordance with article 3, paragraph 2, of the Convention, take
into account all relevant considerations, including the existence of a consistent pattern of
gross, flagrant or mass human rights violations. However, the Committee recalls that the
aim of its determination is to establish whether the individual concerned would be
personally at risk of being subjected to torture in the country to which he or she would be
returned. It follows that the existence of a consistent pattern of gross, flagrant or mass
violations of human rights in a country does not as such constitute a sufficient ground for
determining that a particular person would be in danger of being subjected to torture upon
his or her return to that country. Additional grounds must be adduced to show that the
individual concerned would personally be at risk. Conversely, the absence of a consistent
pattern of gross violations of human rights does not necessarily mean that a person cannot
be considered to be in danger of being subjected to torture under the specific circumstances
applying to that person’s case.
7.4
The Committee is aware that the human rights situation in Togo is worrying and, in
fact, it referred to serious human rights violations, especially in places of detention, in its
concluding observations on the State party’s second periodic report, which it considered in
November 2012.6 Nonetheless, the Committee notes that the facts as presented to it do not
provide it with grounds for concluding that the complainant would personally face a
present, foreseeable and real risk of torture if he were sent back to Togo. The complainant
has not provided sufficient evidence to establish his ties with the Union for Forces for
Change or the nature of his activities as a member of that political party. He has not
furnished evidence that he is sought by the authorities and is in danger of being arrested. He
has not provided evidence or detailed information to support his claims that he was
detained and tortured. He has provided no medical record or other document concerning
any after-effects that would corroborate his alleged arrest or the ill-treatment that he says he
was subjected to while being held in detention between April 2005 and May 2006. The
arguments put forward regarding the human rights situation existing in Togo after his
arrival in Canada do not suffice to establish the existence of a personal risk.
7.5
Taking into account all the information made available to it, the Committee has
concluded that the complainant has failed to establish that he would face a foreseeable, real
and personal risk of being subjected to torture if he is sent back to Togo at this time.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, considers that the State party’s decision to return the complainant to Togo
would not constitute a breach of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the French text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
6
GE.13-45411
CAT/C/TGO/CO/2.
9