CAT/C/31/D/215/2002
Page 6
5.4
The complainant says that in accordance with Swedish legislation, if an international
organization makes a request for interim measures, the execution of the measure of expulsion
must be halted. He adds that his counsel alerted the State party’s authorities to the interim
measures he had requested from the Committee, and that the expulsion procedure is only
concluded when the alien is accepted by the authorities of the country to which he is sent;
consequently, the expulsion could have been suspended when he stopped over in Madrid.
5.5
The complainant contends that when he was deported he was exposed to a real and
personal risk of torture in Colombia, and the fact that this did not take place is due to the
circumstances of the case, such as the considerable assistance he received and the measures
taken internationally to draw the State party’s attention to the case;8 as a result he was released
within a relatively brief period, but the risk still exists and the possibility that he may still be
prosecuted should not be ruled out. He maintains that he currently fears that paramilitary groups
could capture and torture or murder him.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a complaint, the Committee against Torture
must decide whether or not it is admissible under article 22 of the Convention. In this respect the
Committee notes the State party’s assertion that the complainant’s complaint should be declared
inadmissible, since it has already been submitted to the European Court of Human Rights. The
Committee notes here that the complaint was withdrawn before it was examined by that body.
Consequently, the Committee considers that article 22, paragraph 5 (a), of the Convention is not
an obstacle to examination of the complaint.
6.2
The Committee also observes that the State party acknowledges that domestic remedies
have been exhausted; consequently, it sees no further obstacles to the admissibility of the
complaint. It therefore declares the complaint admissible and proceeds to consideration of the
merits.
7.1
The Committee has considered the complaint in the light of all the information made
available to it by the parties, in accordance with article 22, paragraph 4, of the Convention.
7.2
The Committee must decide whether the deportation of the complainant to Colombia
constituted a violation of the State party’s obligation under article 3 of the Convention
not to expel or return an individual to another State where there are substantial grounds
for believing that he would be in danger of being subjected to torture.
7.3
The Committee must assess whether there are grounds to believe that the complainant of
the complaint would be in personal danger of being subjected to torture on returning to
Colombia. In order to reach this conclusion, the Committee must take into account all relevant
considerations in accordance with article 3, paragraph 2, of the Convention, including the
existence of a consistent pattern of gross, flagrant or mass violations of human rights. The
Committee recalls, however, that the aim is to determine whether the individual concerned
would personally risk 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 whether the particular person
would be in danger of being subjected to torture upon his return to that country; additional
grounds must be adduced to show that the individual concerned would be personally at risk.