CAT/C/71/D/792/2016
article 3 of the Convention, the complainant has failed to adduce sufficient evidence to show
that her engagement in advocacy activities has been of such significance that she would
attract the attention of the Ugandan authorities.
8.12 The Committee notes the complainant’s argument that the Refugee Appeals Board
failed to consider the risks she could face as a result of the disclosure of her name and
photograph in the article of a Ugandan gossip publication. The Committee also notes,
however, that, in its decision of 30 May 2017, the Board examined this circumstance and
concluded that it did not place the complainant at risk of being subjected to torture if returned
to Uganda because a number of organizations, mainly in Kampala, were actively and openly
discussing the rights of lesbian, gay, bisexual, transgender and intersex persons and pursuing
related rights cases before the courts and because lesbian, gay, bisexual, transgender and
intersex issues were being discussed openly in large towns.
8.13 The Committee notes that, in line with article 3 (2) of the Convention, in order to
determine whether there are grounds for believing that a person would be in danger of being
subjected to torture if returned to another State, the competent authorities should take into
account the existence in the State concerned of a consistent pattern of gross, flagrant or mass
violations of human rights, including harassment and violence against minority groups. 25 The
Committee notes with concern the reports of human rights violations committed against
lesbian, gay, bisexual, transgender and intersex persons in Uganda. The Committee recalls,
however, that the occurrence of human rights violations in a complainant’s country of origin
is not sufficient in itself to conclude that he or she runs a personal risk of torture upon return
to that country. Therefore, the mere fact that the human rights of lesbian, gay, bisexual,
transgender and intersex persons are reportedly violated in Uganda is not in itself sufficient
to conclude that the complainant’s removal to that country would constitute a violation of
article 3 of the Convention.26
8.14 The Committee recalls that it is generally for the instances of States parties to the
Convention to review or evaluate facts and evidence in order to determine the existence of
danger of persecution.27 It appears from the information available to the Committee that the
Danish authorities took into consideration a large amount of background information and
concluded that lesbian, gay, bisexual, transgender and intersex persons were not subjected to
targeted abuse by Ugandan authorities or by the general public. The Committee notes that,
while she disagrees with the factual conclusions of the State party’s authorities, the
complainant has not shown that they were arbitrary, manifestly erroneous or amounted to a
denial of justice.28
8.15 In the light of the above considerations, and on the basis of all the information
submitted by the parties, including on the general situation of human rights in Uganda, the
Committee considers that the complainant has not adequately demonstrated the existence of
substantial grounds for believing that her return to Uganda would expose her to a real,
foreseeable and personal risk of torture contrary to article 3 of the Convention.
8.16 The Committee, acting under article 22 (7) of the Convention, concludes that the
complainant’s removal to Uganda by the State party would not constitute a violation of article
3 of the Convention.
25
26
27
28
12
Ibid., para. 43.
See H.R.E.S v. Switzerland. For similar conclusions of the Human Rights Committee, see W.K. v.
Canada.
See also Human Rights Committee, X. v. Sweden, para. 9.2.
See also Human Rights Committee, W.K. v. Canada, para. 10.5.