CAT/C/60/D/639/2014
new evidence in his complaint to the Committee that could modify the decisions taken by
the Federal Office for Migration and the Federal Administrative Tribunal.
4.2
As regards the evidence on the existence of a consistent pattern of gross, flagrant or
mass violations of human rights in the Sudan, the State party notes that, in its 10 October
2014 decision, the Federal Administrative Tribunal determined that there is no generalized
context of violence in the Sudan outside the Darfur region. 18 According to the Tribunal’s
jurisprudence, the existence of an alternative flight has been admitted for refugees from
Darfur, as the region of Khartoum is considered as safe. 19
4.3
The State party submits that the complainant has failed to demonstrate credibly that
he is under a personal, real and concrete risk to be subjected to treatment that would violate
the Convention if returned to a region outside the Darfur region.
4.4
The State party also submits that the complainant has not alleged to have suffered
torture or mistreatment in the past. He has even admitted that he never had any personal
problems with the Sudanese authorities and that he has never been arrested.20
4.5
The State party notes that the complainant has denied to have been involved in any
political activity in the Sudan, 21 and that he was not a member of any rebel organization in
Darfur as he and his father were “against that”.22
4.6
The State party notes that the complainant has claimed to have participated in
various meetings and protests against the Government of the Sudan. It also notes the
complainant’s claim that he is a member of the Justice and Equality Movement. The State
party submits that the national authorities have examined those arguments and determined
that there is not sufficient evidence to conclude that the complainant is under a risk of
suffering treatment that would amount to a violation of the Convention in case of return to
the Sudan.23
4.7
The State party notes that the author has no specific political profile to be a target of
persecution by the Government of the Sudan. Before his departure from the Sudan, he was
a farmer and had never been involved in any political activity. The State party submits that
it is not possible that the Sudanese authorities, even if they became aware in the future of
his political activities, suddenly would consider the complainant as a “danger” and
persecute him.
4.8
The State party argues that the complainant’s alleged membership to the Justice and
Equality Movement or the fact that he has a certificate from an organization of people in
exile does not put him at risk of persecution. The State party adds that there are numerous
certificates from this kind of organizations in Europe that can be obtained easily. The
complainant has admitted that he had no particular role during the demonstrations in which
he participated.24 He never made any speech during the demonstrations, but only chanted
slogans.25
4.9
The State party considers that the Sudanese authorities are able to distinguish
between those numerous Sudanese participating in political activities in Europe in the hope
of obtaining a residence permit from the political activists who may pose a threat to the
regime and who have already been registered by the Sudanese authorities before leaving the
Sudan. The State party submits that the national authorities have determined that the author
does not belong to any group of active Sudanese in foreign countries that would be the
target or of interest to the Sudanese authorities.
18
19
20
21
22
23
24
25
The State party refers to the decision of the Federal Administrative Tribunal dated 10 October 2014,
para. 8.5, p. 17.
Ibid., para. 6.3, p. 13.
The State party refers to the transcript of the hearing dated 22 April 2010, p. 7; and that of the hearing
dated 17 December 2013, pp. 9-10.
The State party refers to the transcript of the hearing dated 17 December 2013, p. 10.
Ibid., p. 13.
The State party refers to the decision of the Office for Migration, 7 January 2014, para.5; and the
decision of the Federal Administrative Tribunal, 10 October 2014, para. 6.4.
The State party refers to the transcript of the hearing dated 17 December 2013, p. 14.
Ibid., p. 16.
5