CAT/C/48/D/413/2010
the current human rights situation in Burundi, the State party’s migration authorities and the
courts established that the prevailing circumstances in that country did not in themselves
suffice to establish that the complainant’s forced return to Burundi would entail a violation
of article 3 of the Convention.
9.6
The Committee also notes that the State party has drawn attention to numerous
inconsistencies and serious contradictions in the complainant’s account of the facts and
submissions which call into question her general credibility and the veracity of her claims.
The Committee also takes note of the information furnished by the complainant on these
points.
9.7
In relation to the complainant’s assertion that she was sentenced to 20 years’
imprisonment for aiding murder and theft, acts she claims she did not commit, the
Committee notes the State party’s argument that no actual judgement has been submitted by
the complainant, only a document titled “proof of service of a judgment”. Further, the State
party stated that the documents submitted in support of her claims were of very limited
value as evidence, since they were very simple documents which were easy to produce and
lacked any kind of case number or other identification. Furthermore, the State party raised
questions as to why the complainant would have received the originals of the documents in
the court file and not – as is customary – certified copies. The complainant has not refuted
these observations, nor has she submitted any evidence to the contrary or additional
arguments, even though she was given the opportunity to do so.
9.8
In the light of the foregoing, the Committee finds that the complainant has not
established that in case of her expulsion to the country of origin she would face a
foreseeable, real and personal risk of being tortured within the meaning of article 3 of the
Convention.
10.
Accordingly, 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 complainant’s removal to Burundi by the State party would
not constitute a breach of article 3 of the Convention.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
15