CAT/C/21/D/97/1997
page 8
expert review of the medical reports nor contacted the Centre for Torture and
Trauma Survivors. This, however, should have been the logical thing to do in
view of the doubts the authorities had expressed regarding the author’s
credibility.
5.7
In one of the applications the author requested that, if the Appeal
Board had doubts as to the credibility of the information submitted, it should
allow the author an oral hearing. The Board rejected the request without
submitting any reasons. According to the Aliens Act such a hearing is
mandatory upon request, unless it would be immaterial for the outcome of the
case. Given that the Board’s rejection was based on the author’s credibility,
it is difficult to understand how an oral hearing could be considered
“immaterial for the outcome of the case”.
Issues and proceedings before the Committee
6.1
Before considering any claims 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 is further of the
opinion that all domestic remedies have been exhausted and finds that no
further obstacles to the admissibility of the communication exist. Since both
the State party and the author’s counsel have provided observations on the
merits of the communication, the Committee proceeds with the consideration of
those merits.
6.2
The issue before the Committee is whether the forced return of the
author to Turkey would violate the obligation of Sweden under article 3 of the
Convention not to expel or to return a person to another State where there are
substantial grounds for believing that he would be in danger of being
subjected to torture.
6.3
The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that the author would be in danger
of being subjected to torture upon return to Turkey. In reaching this
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. 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; specific
grounds must exist indicating 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.