CAT/C/37/D/282/2005**
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authorities, and in Iran a history of detention and torture is a significant indicator of future
risk14.
Issues and proceedings before the Committee
Examination of admissibility
6.1 Before considering any claims contained in a communication, the Committee must
decide whether or not the communication is admissible under article 22 of the Convention.
The Committee has ascertained, as it is required to do so 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.
6.2 The Committee notes that the State party has raised an objection to admissibility based
on the fact that the complainant, in its view, has not substantiated her allegations even on a
prima facie basis and that therefore the communication is manifestly unfounded. As to the
complainant’s claims under article 16 of the Convention, the Committee notes that no
arguments or evidence have been submitted in substantiation of this claim, and therefore the
Committee concludes that this claim has not been substantiated for the purposes of
admissibility. This part of the communication is thus inadmissible.
6.3 As to the allegations made pursuant to article 3 of the Convention, the Committee is of
the opinion that the arguments before it raise substantive issues which should be dealt with on
the merits and not on admissibility alone. The Committee therefore declares the
communication admissible as to the allegations made under article 3 of the Convention.
Merits of the communication
7.1 The issue before the Committee is whether the forced return of the complainant to Iran
would violate the State party’s obligation pursuant to article 3, paragraph 1, of the
Convention not to expel or return (‘refouler’) an individual to another state where there are
substantial grounds for believing that he or she would be in danger of being subjected to
torture upon return to Iran. In reaching this decision, the Committee must take into account
all relevant considerations, pursuant to 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 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 exist 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.
14
Referring to Tala where the Committee held that “his history of detention and torture
should be taken into account when determining whether he would be in danger of being
subjected to torture upon his return”.