The Committee must decide, pursuant to article 3, paragraph 1, whether there are substantial grounds for believing that the author would be in danger of being subject to torture. In reaching this conclusion, the Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2, 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 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 person would be in danger of being subjected to torture upon his return to that country; additional grounds must exist to indicate that the individual concerned would be personally at risk. 8. The Committee notes that the author has claimed that, during his first detention, he was beaten with a rope with wire in it. Although not explicitly corroborated by the medical note submitted by the author, the Committee is prepared to find that X was maltreated during his first detention in Zaire. The Committee also notes that the author has not claimed that he was tortured during his second detention. Finally, the Committee notes that the periods of the author’s detention have been short, that the author has not claimed that he was an active political opponent and that there is no indication that the author is being sought by the authorities in his country. Therefore, the Committee considers that the author has not substantiated his claim that he will be personally at risk of being subjected to torture if he is returned to Zaire. 9. The Committee against Convention against Torture Punishment, is of the view reveal a breach of article Torture, acting under article 22, paragraph 7, of the and Other Cruel, Inhuman or Degrading Treatment or that the facts as found by the Committee do not 3 of the Convention. [Done in English, French, Russian and Spanish, the English text being the original version.] Notes a/ Mutombo v. Switzerland, views adopted on 27 April 1994, paragraph 9.3 (see Official Records of the General Assembly, Forty-ninth Session, Supplement No. 44 (A/49/44), annex V, sect. B). b/ Mutombo v. Switzerland, communication No. 13/1993, views adopted on 27 April 1994. -80-

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