CAT/C/65/D/801/2017
enforcement officials during arrest, detention and interrogation, and at the remaining
deficiencies in investigating and prosecuting such complaints effectively
(CAT/C/ARM/CO/4, para. 17). However, the Committee recalls that the occurrence of
human rights violations in the country of origin is not sufficient in itself to conclude that a
complainant runs a personal risk of torture and that additional grounds must be adduced to
show that the individual concerned would be personally at risk.
7.7
The Committee further notes that the complainant also claims that he would risk
being subjected to torture or ill-treatment owing to the ongoing investigation against him in
Armenia and the treatment to which he claims to have been subjected when previously
detained in the country. The Committee also notes the State party’s submission that the
State party authorities found the complainant’s account in support of his asylum application
to be not credible as, according to the findings of the investigation carried out in Armenia
on behalf of the Ministry of Foreign Affairs, he had not been detained by the police during
the specific time periods in question; he had not lodged a criminal complaint against his
manager; he had not resigned from his job in November 2010, as claimed, but had stayed in
employment until 1 April 2011; and he was not being sought by the Armenian authorities.
The Committee notes the complainant’s argument that the findings of the person-specific
investigation carried out by the State party authorities are not reliable as he was not
provided with any information on how the information had been gathered and was not
allowed to examine the underlying investigation report relied upon by the Dutch Ministry
of Foreign Affairs in its report to the Immigration and Naturalization Service. It further
notes the State party’s argument that in investigating the information and documents
submitted by asylum seekers, the services of the confidential agents enlisted are carefully
screened for objectivity and reliability on the basis of information supplied by NGOs,
international organizations and third-country embassies. The Committee also notes the
State party’s argument that in examining an asylum application, both the district court and
the Administrative Jurisdiction Division are able to base their judgments concerning a
person-specific report in part on the documents used in drawing up that report. The
Committee further notes the State party’s argument that the complainant’s claim that the
information provided to the Ministry of Foreign Affairs is likely to be unreliable is
unsubstantiated and of a speculative nature. The Committee notes in this regard that the
complainant has not presented any specific reason, argument or documentation that would
indicate that the findings of the report in question are unreliable. The Committee further
notes that in his asylum application the complainant claimed that he was being sought by
the Armenian authorities. In that connection, the Committee notes his claim that when he
was released on bail on 10 January 2011, his passport was confiscated. The Committee
however notes that, according to the findings of the person-specific report, the complainant
was issued with a new passport on 11 March 2011, after which he left the country. The
Committee notes that the complainant has not provided any information or argumentation
as to why the authorities would issue a new passport to him after his previous one had been
confiscated. The Committee is therefore of the opinion that the complainant has failed to
submit arguments showing that the risk for him of being subjected to torture is foreseeable,
present, personal and real if he is returned to Armenia.
7.8
The Committee notes that the complainant further claims that he will not receive a
fair trial if returned to Armenia. However, the Committee notes that the complainant has
not provided any specific information in that regard, and therefore finds that he has failed to
substantiate this part of the complaint.
8.
On the basis of the above, and in the light of the material before it, the Committee
considers that the complainant has not provided sufficient evidence to enable it to conclude
that his forcible removal to his country of origin would expose him to a foreseeable, real
and personal risk of torture within the meaning of article 3 of the Convention.
9.
The Committee, acting under article 22 (7) of the Convention, decides that the
complainant’s removal to Armenia by the State party would not constitute a violation of
article 3 of the Convention.
7