CAT/C/20/D/94/1997
page 7
decision, the Committee must take into account all relevant considerations,
pursuant to paragraph 2 of article 3, including the existence of a consistent
pattern of gross, flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individual concerned would
be personally at risk of being subjected to torture in the country to which he
or she would return. It follows that the existence of a consistent pattern of
gross, flagrant or mass violations of human rights in a country does not as
such constitute a sufficient ground for determining that a particular person
would be in danger of being subjected to torture upon his return to that
country; additional grounds must be adduced to show that the individual
concerned would be personally at risk. Similarly, the absence of a consistent
pattern of gross violations of human rights does not mean that a person cannot
be considered to be in danger of being subjected to torture in his or her
specific circumstances.
10.3 The author has claimed that he was arrested once in 1990 by the Indian
armed forces, that his brother became a member of the Tamil Tigers in 1994 and
that for this reason the army is looking for him and has searched his family's
house on several occasions. The Committee notes that the only substantiation
in support of the author's claim is a letter from the author's father, in
which it is stated that the army came to the house to look for him and his
brother. The Committee notes, however, that the letter does not give any
details about either the author's or his family's situation. The author has
not presented any other evidence in support of his claim. He does not claim
that he has been tortured in the past.
10.4 The Committee has carefully examined the material before it and finds
that it appears that the author's main reason to leave his country was that he
felt caught between the two parties in the internal conflict. There is no
indication that the author himself is personally targeted by the Sri Lankan
authorities for repression.
10.5 The Committee is aware of the serious situation of human rights in
Sri Lanka and notes with concern the reports of torture in this country.
The Committee recalls however that, for the purpose of article 3 of the
Convention, a foreseeable, real and personal risk must exist of being
tortured in the country to which a person is returned. On the basis of the
considerations above, the Committee is of the opinion that such risk has not
been established.
11.
The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, is of the view that the facts as found by the Committee do not
reveal a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the English text being the
original version]
Note
1.Babikir v. Switzerland, Views adopted on 9 May 1997.
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