CAT/C/53/D/450/2011
has exhausted all available domestic remedies. As the Committee finds no further obstacles
to admissibility, it declares the complaint admissible.
Consideration of the merits
7.1
The Committee has considered the complaint in the light of all the information made
available to it by the parties, in accordance with article 22, paragraph 4, of the Convention.
7.2
The issue before the Committee is whether the return of the complainant to Yemen
would violate the State party’s obligation under article 3 of the Convention not to expel or
return a person to another State where there are substantial grounds for believing that he or
she would be in danger of being subjected to torture. The Committee must evaluate whether
there are substantial grounds for believing that the complainant runs a personal risk of
being subjected to torture if he is returned to Yemen. In assessing that risk, 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. However, the Committee recalls that the aim is to determine
whether the individual concerned would personally run a foreseeable and real risk of being
subjected to torture in the country to which he or she would be returned. It follows that 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; additional grounds must be
adduced to show that the individual concerned would personally be at risk.
7.3
The Committee recalls its general comment No. 1, according to which the risk of
torture must be assessed on grounds that go beyond mere theory or suspicion. Although the
risk does not have to meet the test of being “highly probable” (para. 6), the Committee
notes that the burden of proof generally falls on the complainant, who must present an
arguable case that he or she personally faces a real and foreseeable 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 organs of the State party concerned, while at the
same time it is not bound by such findings and instead has the power, provided for in article
22, paragraph 4, of the Convention, of free assessment of the facts based upon the full set of
circumstances in each case.
7.4
In the present case, the Committee takes note of the complainant’s allegations
concerning the risk of persecution that he would face in the event of deportation to Yemen
because of his caste. The Committee is concerned about reports of persistent discrimination
and marginalization against the Akhdam community in Yemen, but notes that this factor in
itself is not enough to demonstrate that the complainant faces a real, foreseeable and
personal risk of being subjected to torture.
7.5
As regards the complainant’s political activities, the Committee takes note of his
allegations concerning his political involvement with the Southern Democratic Assembly.
The complainant maintains that he is now a leader of the movement in Switzerland and has
participated in meetings and demonstrations. The Committee also takes note of the
complainant’s allegations regarding the seriousness of the human rights violations
perpetrated against political opponents in Yemen, whether they are leaders or simple
activists. At the same time, the Committee takes note of the State party’s doubts about the
complainant’s political involvement, which he raised belatedly, following the rejection of
his second application for asylum to the Federal Office for Migration. The Committee
points out that the complainant did not indicate that he was politically active before leaving
his country of origin and that his political activities in Switzerland are of a limited nature.
The Committee considers that the complainant has not provided sufficient evidence to show
that he was conducting political activities in Switzerland of such importance as to attract
the attention of the Yemeni authorities. Nor has he put forward other evidence that would
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