CAT/C/48/D/343/2008
measurable criteria and is not sufficient to entirely dispel the personal danger of being
tortured.10
9.8
In the light of the above, the Committee concludes that the complainant has
established that he would run a real, personal and foreseeable risk of being subjected to
torture if he were to be returned to the Democratic Republic of the Congo.
10.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, considers that the State party’s decision to return the complainant to the
Democratic Republic of the Congo, if implemented, would constitute a breach of article 3
of the Convention.
11.
In conformity with rule 112, paragraph 5, of its rules of procedure, the Committee
wishes to be informed, within 90 days, of the steps taken by the State party in response to
this decision.
[Adopted in English, French, Spanish and Russian, the French text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
10
14
See communication No. 338/2008, Mondal v. Sweden, decision of 23 May 2011, paragraph 7.4.
GE.12-43835