CAT/C/43/D/348/2008
documents from his country and that the State party has assessed them in a subjective
manner.
Issues and proceedings before the Committee
Consideration of admissibility
6.
Before considering any claim contained in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been, and is not being, examined under another
procedure of international investigation or settlement. The Committee notes furthermore
that domestic remedies have been exhausted and that the State party does not contest the
admissibility. Accordingly, the Committee considers the complaint admissible and proceeds
to its consideration of the merits.
Consideration of the merits
7.1
The issue before the Committee is whether the removal of the complainant to Côte
d’Ivoire would violate the State party’s obligation under article 3 of the Convention not to
expel or return a person to another State where there are substantial grounds for believing
that he or she would be in danger of being subjected to torture.
7.2
In assessing the risk of torture, the Committee takes into account all relevant
considerations, in accordance with article 3, paragraph 2, of the Convention, including the
existence of a consistent pattern of gross, flagrant or mass violations of human rights. The
aim of this assessment, however, is to determine whether the individuals concerned would
personally risk torture in the country to which they would be returned. It follows that the
existence in a country of a consistent pattern of gross, flagrant or mass violations of human
rights does not as such constitute a sufficient ground for determining that a particular
person would be in danger of being subjected to torture on his or her return to that country.
Additional grounds must be adduced to show that the complainant would be personally at
risk. Similarly, the absence of a consistent pattern of flagrant violations of human rights
does not mean that a person may not be subjected to torture in his or her specific situation.
7.3
The Committee recalls its general comment on article 3, as well as its jurisprudence,
according to which it is obliged to assess whether there are substantial grounds for
believing that the complainant would be in danger of being subjected to torture were he or
she to be expelled, returned or extradited, and the risk of torture must be assessed on
grounds that go beyond mere theory or suspicion. The risk does not have to meet the test of
being highly probable, but the complainant must establish that the grounds for believing
there is such a danger are substantial and that such danger is personal and present.5
7.4
In the present case, the complainant asserts that he runs the risk of being tortured by
Liberian rebels in Côte d’Ivoire, by villagers in Para and by the authorities who may be
informed of his case. The Committee notes that, according to the State party, the
complainant’s account is improbable, that he has not claimed to have been politically
active, nor to have been subjected to torture, and that it is unlikely that he will be
persecuted by the authorities. The Committee observes that, since the peace agreement in
Côte d’Ivoire, there has been no generalized violence in the country, nor are there
consistent, gross, flagrant or mass violations of human rights. It observes moreover that the
complainant’s allegations are merely theories and that the risk posed by Liberian rebels and
5
GE.09-46730
A/53/44, annex IX (21 November 1997), paras. 6–7.
5