CAT/C/62/D/710/2015
complainant to the State party’s authorities after his third application for asylum had been
rejected and that they were unable to take this information into account. As to the
complainant’s allegation that he would be detained and questioned upon return because he
had spent a long time abroad and applied for asylum, the Committee recalls that the mere
risk of being detained and questioned is not sufficient to conclude that there is also a risk of
being subjected to torture.26
10.10 Lastly, the Committee notes the general human rights situation in the Sudan,
particularly reports confirming the use of arbitrary detention and torture against protesters
and returnees and reports of individuals accused of providing information to JEM being
subjected to torture.27 However, the Committee recalls that the occurrence of human rights
violations in the complainant’s country of origin is not, of itself, sufficient for it to conclude
that a complainant is at a foreseeable, real and personal risk of being tortured in the country
to which he or she is returned. In the light of the above, the Committee considers that the
information submitted by the complainant is insufficient to establish his claim that he
would be at a foreseeable, real and personal risk of torture if he were returned to the
Sudan.28
11.
In the light of the above, the Committee, acting under article 22 (7) of the
Convention, concludes that the decision of the State party to remove the complainant to the
Sudan would not constitute a violation of article 3 of the Convention.
26
27
28
GE.18-01489
See, for example, P.Q.L. v. Canada (CAT/C/19/D/57/1996), para. 10.5.
See Human Rights Watch, World Report 2017 — Sudan, available at:
http://www.refworld.org/docid/587b581ba.html; Human Rights Watch, Make Their Lives Miserable,
9 September 2014, available at: www.hrw.org/report/2014/09/09/make-their-lives-miserable/israelscoercion-eritrean-and-sudanese-asylum-seekers; Sudanese refugees forcibly deported from Jordan
fear arrest and torture, available at www.theguardian.com/world/2016/jan/19/sudanese-refugeesforcibly-deported-from-jordan-fear-arrest-and-torture; and Sudan 2015 Human Rights Report, United
States Department of State, available at: https://www.state.gov/documents/organization/252945.pdf.
See, for example, S.A. v. Sweden (CAT/C/32/D/243/2004), para. 4.2; and W.G.D. v. Canada
(CAT/C/53/D/520/2012), para. 8.7.
13