CAT/C/50/D/467/2011
departure from that country and the low-level nature of his political activities in
Switzerland, is insufficient to show that he would personally be exposed to a risk of being
subjected to torture if returned to Yemen. The Committee is concerned at the many reports
of human rights violations, including the use of torture, in Yemen, 13 but recalls that for the
purposes of article 3 of the Convention the individual concerned must face a foreseeable,
real and personal risk of being tortured in the country to which he or she is returned. In the
light of the foregoing, the Committee deems that such a risk has not been established.
7.8
As the cases the first complainant’s wife and their son are dependent upon his case,
the Committee does not find it necessary to consider these cases separately.
8.
In the light of the above, the Committee against Torture, acting under article 22,
paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, concludes that the decision of the State party to expel the
complainants to Yemen would not constitute a violation of article 3 of the Convention.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
13
14
The Committee notes that Yemen is also a State party to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, and recalls its 2010 concluding observations
(CAT/C/YEM/CO/2/Rev.1), paras. 8, 12 and 13.