CAT/C/60/D/639/2014
the country to which he or she would be returned. The existence of a pattern of gross,
flagrant or mass violations of human rights in a country does not as such constitute
sufficient reason for determining that a particular person would be in danger of being
subjected to torture on return to that country; and additional grounds must be adduced to
show that the individual concerned would be personally at risk. Conversely, the absence of
a consistent pattern of flagrant violations of human rights does not mean that a person
might not be subjected to torture in his or her specific circumstances.
7.4
The Committee recalls its general comment No. 1 (1997) on the implementation of
article 3 of the Convention, according to which the risk of torture must be assessed on
grounds that go beyond mere theory or suspicion. While the risk does not have to meet the
test of being “highly probable” (para. 6), the Committee recalls that the burden of proof
generally falls on the complainant, who must present an arguable case that he faces a
foreseeable, real and personal risk. The Committee further recalls that, in accordance with
its general comment No. 1, it gives considerable weight to findings of fact that are made by
the organs of the State party concerned, while at the same time it is not bound by such
findings and instead has the power, under article 22 (4) of the Convention, to assess the
facts on the basis of the full set of circumstances in every case. 43
7.5
The Committee notes that State party’s authorities determined that the complainant
had failed to credibly demonstrate that he was originally from North Darfur, and that his
allegations regarding the violent death of his father had been partly contradictory and
inaccurate. In that regard, the Committee notes the complainant’s argument that he
provided information to the best of his knowledge and that the State party did not take into
consideration his young age at the time of the events, and his low level of education. The
Committee also notes that the State party considers that neither the “confirmation of
residence” delivered by a local authority in Kutum, nor the translated marriage certificate,
constitute a valid piece of evidence as these types of document could be purchased easily in
the Sudan. The Committee notes that the State party does not provide any evidence in that
regard, and considers that such affirmation is not sufficient to question the credibility of the
complainant. In addition, the Committee considers that no due consideration has been given
by the State party to the fact that the author had to escape a conflict area and therefore had
no access to other official documents. The Committee therefore considers that the
complainant has submitted sufficient elements to suggest that he is originally from North
Darfur, and that he fled the Sudan to escape the civil war in Darfur.
7.6
The Committee takes note of the complainant’s submission that he is an active
member of the Justice and Equality Movement and that he has participated in several
meetings and protests rallies against the Government of the Sudan in Geneva and Zurich,
during which he chanted slogans against the regime. It notes that the complainant was
photographed during those events together with members of the Justice and Equality
Movement. It also notes the State party’s argument that the complainant does not have a
prominent political profile that would make him a target of persecution by the Sudanese
authorities. It observes that the State party’s authorities determined that, based on his
political activities in Switzerland, there is insufficient evidence to conclude that the
complainant is under risk of suffering treatment that would violate the Convention in case
of return to the Sudan.
7.7
However, the Committee notes that the NGO representative present at the interview
of 17 December 2013 in the context of the asylum request procedure of the author
concluded that the evidence submitted by the complainant to confirm his political activities
in Switzerland had not been “sighted or discussed in detail” during the interview. In that
connection, the Committee considers that the arguments submitted by the State party do not
enable the Committee to conclude that the participation of the complainant in a meeting
between the Justice and Equality Movement and Geneva Call, where he was photographed,
may not have attracted the attention of the Sudanese authorities, particularly taking into
account that both organizations have been working together on issues of interest to the
43
10
See, inter alia, communication No. 466/2011, Alp v. Denmark, decision dated 14 May 2014, para. 8.3.