CAT/C/62/D/683/2015
5.6
Lastly, the complainant reiterates that his account of the circumstances of his
detention was accurate and that his Justice and Equality Movement role and activities
should be considered as being credible. As regards the date of his admission to the
Movement, during the oral hearing of 18 November 2014, he stated that he became a
member around 2013. Subsequently, he has continuously stated that he became a member
in July 2012. He implies that no contradiction exists in that regard. As to the photographs
attesting to his presence at the Movement’s meetings, the complainant admits that the
images portray him at the meetings of small committees with limited participation.
However, his high profile enables him to participate in meetings open only to high-level
members of the Movement. This fact actually exposes him to the risk of surveillance by the
Sudanese authorities. He also objects to the State party’s assessment that his allegations
were exaggerated. Evidence to the contrary includes the letters confirming his membership
of the Movement and the above-mentioned photographs, as well as exact and detailed
statements of fact attesting to his role as secretary for social and media affairs.
5.7
In conclusion, the complainant submits that, if returned to the Sudan, he would be
arrested and detained and hence exposed to treatment that would constitute a violation of
article 3 of the Convention. The complainant requests the Committee to conclude that his
removal to the Sudan would constitute a violation of the State party’s obligation under
article 3 of the Convention not to expel or to return (“refouler”) 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.
5.8
On 4 October 2017, the complainant’s counsel referred to the Committee’s
jurisprudence in N.A.A. v. Switzerland 30 and requested that the Committee expedite its
decision in the present case.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee notes
the State party’s assertion that the complainant submitted an application to the European
Court of Human Rights, in which he objected to the Federal Administrative Court judgment
relating to his first asylum application, and that the European Court considered that
application inadmissible as it was manifestly ill-founded. Noting that no further complaint
was submitted to the European Court relating to the final judgment regarding the
complainant’s second asylum application and giving due weight to the absence of any
objections by the State party with regard to admissibility, the Committee has ascertained, as
it is required to do under article 22 (5) (a) of the Convention, that the same matter has not
been and is not being examined under another procedure of international investigation or
settlement.
6.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party has not contested that the complainant has exhausted all
available domestic remedies. The Committee therefore finds that it is not precluded from
considering the communication under article 22 (5) (b) of the Convention.
Consideration of the merits
7.1
In accordance with article 22 (4) of the Convention, the Committee has considered
the communication in the light of all the information made available to it by the parties.
7.2
In the present case, the issue before the Committee is whether the return of the
complainant to the Sudan would constitute a violation of the State party’s obligation under
article 3 of the Convention not to expel or to return (“refouler”) a person to another State
30
See N.A.A. v. Switzerland (CAT/C/60/D/639/2014), para. 7.12.
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