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. 9

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