in a country does not as such constitute sufficient grounds for determining whether a
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 be in danger. In the present case, the Committee must determine whether the
expulsion of the complainant to Venezuela would entail a foreseeable, real and
personal risk of being arrested and tortured.
8.
The Committee notes the State party’s arguments that, although the human
rights situation in Venezuela remains poor, particularly with regard to prison
conditions, there are no grounds for stating that a consistent pattern of gross, flagrant
or mass violations of human rights exists in Venezuela. The Committee also notes the
exchange of arguments between the complainant and the State party concerning the
alleged risk to the complainant of being subjected to torture and considers that the
complainant has not provided sufficient evidence to show that she runs a foreseeable,
real and personal risk of being tortured in Venezuela.
9.
The Committee agrees with arguments put forward by the State party and
takes the view that the information submitted does not show substantial grounds for
believing that the complainant would personally be in danger of being subjected to
torture if she was returned to Venezuela.
10.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that the decision of the State party to return the complainant to
Venezuela does not constitute a violation of article 3 of the Convention.
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