CAT/C/31/D/0215/2002
Page 7
Conversely, the absence of a consistent pattern of gross violations of human rights does not
mean that a person may not be considered to be in danger of being subjected to torture in his or
her specific circumstances.
7.4
In the present case, the Committee notes the observations of the State party to the effect
that the complainant did not produce evidence of having been involved in political activities in
Colombia, and that he did not run a real and personal risk of being subjected to torture, since it
had also received information from the Colombian authorities reporting that the complainant had
been briefly detained, and notes that there is no evidence that he was tortured subsequent to his
return to Colombia. The Committee further observes that his counsel reports that the
complainant is currently on parole.
7.5
The Committee moreover notes the circumstances which gave rise to doubts on the part
of the State party’s authorities concerning the need to grant the complainant protection. It is
aware that the complainant has not adduced sufficient evidence to prove that he was subjected to
torture in Colombia.9 Bearing in mind the foregoing, the Committee considers that the
information provided by the complainant does not provide substantial grounds for believing that
he was personally in danger of being tortured when returned to Colombia.
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 complainant of the complaint has not substantiated his claim that he would be subjected to
torture upon his return to Colombia, and therefore concludes that the complainant’s removal to
that country did not constitute a breach by the State party of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the Spanish 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.]
Notes
1
The complainant does not indicate in his initial communication or in his subsequent comments
when or where these acts of torture allegedly took place.
2
The offence involved smuggling a kilo of cocaine from Colombia to Sweden with the intention
of selling it in the territory of the State party.
3
The Swedish Aliens Appeals Board further considered that the complainant had entered
Swedish territory under a false identity, and that under that identity he had applied in 1998 for a
work permit, claiming that he was involved with a Swedish woman, although he was married
and had a family in Colombia. In the Board’s opinion, all of this seriously undermined his
credibility when it came to requiring the protection of the State party.