CAT/C/19/D/57/1996
page 8
torture in the country to which he or she would return. 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 sufficient grounds for
determining that a particular person would be in danger of being subjected to
torture upon his return to that country; additional grounds must exist to show
that the individual concerned would be personally at risk. Similarly, the
absence of a consistent pattern of gross violations of human rights does not
mean that a person cannot be considered to be in danger of being subjected to
torture in his or her specific circumstances.
10.4 The Committee notes that the author claims the protection of article 3
on the grounds that he is in danger of being arrested and retried for the
offences which he committed in Canada. However, he does not claim that he has
participated in political activities in China, nor that he belongs to a
political, professional or social group targeted by the authorities for
repression or torture.
10.5 The Committee adds that, according to the information in its possession,
there is no indication that the Chinese authorities intend to imprison the
author because of his Canadian convictions. On the contrary, the State party
has stated that judicial proceedings are not undertaken in such cases.
Moreover, the Committee considers that, even if it were certain that the
author would be arrested on his return to China because of his prior
convictions, the mere fact that he would be arrested and retried would not
constitute substantial grounds for believing that he would be in danger of
being subjected to torture.
10.6 Furthermore, the Committee refers to the documents submitted by the
author, in support of his request for repeal of the decision to revoke his
permanent resident status, which allegedly provide proof of his rehabilitation
and reintegration into Canadian society. The Committee notes that article 3
of the Convention authorizes it to determine whether return would expose a
person to the danger of being subjected to torture but that it is not
competent to determine whether or not the author is entitled to a residence
permit under a country's domestic legislation.
10.7 The Committee is aware of the seriousness of the human rights situation
in China, but, on the basis of the above, considers that the author has not
substantiated his claim that he will be personally at risk of being subject to
torture if he is returned to China.
11.
The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, is of the view that the situation as established by the
Committee does not reveal a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the French text being the
original version.]
-----