CAT/C/35/D/258/2004
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Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. The Committee further notes that
the State party does not challenge the admissibility of the complaint on the ground of nonexhaustion of domestic remedies and that the complainant has sufficiently substantiated
his allegations for purposes of admissibility. Accordingly, the Committee considers the
complaint admissible and proceeds to its consideration of the merits.
8.2
The issue before the Committee is whether the removal of the complainant to Iran
would violate the State party’s obligation under article 3 of the Convention not to expel or
to return 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
In assessing the risk of torture, the Committee takes into account all relevant
considerations, including the existence in the relevant State of a consistent pattern of gross,
flagrant or mass violations of human rights. However, the aim of such determination is to
establish whether the individual concerned would be personally at risk in the country to
which he 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 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 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 tha t a person cannot
be considered to be in danger of being subjected to torture in his or her specific
circumstances.
8.4
The Committee recalls its General Comment on article 3, which states that the
Committee is to assess whether there are substantial grounds for believing that the
complainant would be in danger of torture if returned, and that the risk of torture must be
assessed on grounds that go beyond mere theory or suspicion. The risk need not be highly
probable, but it must be personal and present.
8.5
In assessing the risk of torture in the present case, the Committee notes that the
complainant claims to have been tortured and imprisoned on previous occasions by the
Iranian authorities because of his activities against the current regime and that, after his
arrival in Canada, he was diagnosed with chronic post-traumatic stress disorder. This is not
contested by the State party.
8.6
Although the complainant’s torture and imprisonment occurred between 1979 and
1987, i.e. not in the recent past, the complainant claims that he is still involved with the
Iranian opposition forces. The State party has expressed doubts about the nature of such
involvement. However, there are no clear indications, from the information before the
Committee, that such involvement is inexistent. In this regard, the complainant has
submitted a number of letters referring to his activities as a member of the monarchist
opposition group. In one of them, fears are expressed that he might be imprisoned, tortured
and eventually executed if he returns to Iran under existing circumstances. The
complainant has also submitted information in support of his claim that the Monarchists
are still active inside and outside the country and that they continue to be persecuted in
Iran. Furthermore, the State party has not denied that the complainant cooperated with the
Canadian Intelligence and Security Service in 2003. The complainant submitted such