an APHO stand in June 1992 and that a skirmish
between Iranians did indeed take place. He further
submits that the Swiss authorities’ refusal to
consider the author’s request for reconsideration,
based on his activities in the APHO, is a serious
procedural error and contrary to the author’s right to
have his fear of being tortured considered by the
competent authorities.
they returned to Iran. In order to do this, the
Committee must, in accordance with article 3,
paragraph 2, take into account all relevant
considerations, including the existence of a
consistent pattern of gross, flagrant or mass
violations of human rights. In other words, the
existence of a consistent pattern of violations of
human rights within the meaning of article 3,
paragraph 2, lends force to the Committee’s belief
that substantial grounds exist within the meaning of
paragraph 1.
7.4 Counsel reiterates the fact, already mentioned
by the author in his appeal of 24 September 1992,
that the mere act of requesting asylum can constitute
a relevant ground within the meaning of article 3,
paragraph 1, of the Convention against Torture, and
refers in this connection to documentation of the
Schweizerisches Flüchtlingswerk.
9.4 However, the Committee has to determine
whether the person concerned would be personally
at risk of being subjected to torture in the country to
which he would be expelled. Consequently, the
existence of a consistent pattern of gross, flagrant or
mass violations of human rights in a particular
country does not in itself constitute a sufficient
ground for concluding that a particular person would
be in danger of being subjected to torture after
returning to his country; additional grounds must
exist in order to conclude that the person concerned
is personally at risk. Similarly, the absence of a
consistent pattern of flagrant violations of human
rights does not mean that a person cannot be
considered to be at risk of being subjected to torture
in his specific circumstances.
Decision on admissibility and examination of the
merits
8.
The Committee notes with appreciation the
information given by the State party that the author
and his family will not be expelled while the
communication is under consideration by the
Committee (rules of procedure, art. 108, para. 9).
9.1 Before considering any claim contained in a
communication, the Committee against Torture must
decide whether or not it is admissible under article
22 of the Convention. The Committee has
ascertained, as it is required to do under article 22,
paragraph 5 (a), of the Convention, that the same
matter has not been, and is not being examined
under another international investigation or
settlement procedure. The Committee notes that the
State party has not raised any objection to the
admissibility of the communication (see State
party’s observations dated 7 August 1996). The
Committee therefore finds that no obstacle to the
admissibility of the communication exists and
proceeds with the examination of the merits of the
communication.
9.5 In the present case, therefore, the Committee
has to determine whether the expulsion of
Mr. Aemei (and his family) to Iran would have the
foreseeable consequence of exposing him to a real
and personal risk of being arrested and tortured. It
observes that the “substantial grounds” for believing
that return or expulsion would expose the applicant
to the risk of being subjected to torture may be based
not only on acts committed in the country of origin,
in other words before his flight from the country, but
also on activities undertaken by him in the receiving
country: in fact, the wording of article 3 does not
distinguish between the commission of acts, which
might later expose the applicant to the risk of torture,
in the country of origin or in the receiving country.
In other words, even if the activities of which the
author is accused in Iran were insufficient for article
3 to apply, his subsequent activities in the receiving
country could prove sufficient for application of that
article.
9.2 The Committee reiterates that it is by no
means its responsibility to determine whether the
author’s rights as recognized by the Convention have
been violated by Iran, the country to which he risks
being expelled, regardless of whether or not this
State is a party to the Convention. The question
before the Committee is whether expulsion, return or
extradition to the latter country would violate
Switzerland’s obligation, under article 3 of the
Convention, not to expel or return an individual to a
State where there are substantial grounds for
believing that he would be in danger of being
subjected to torture.
9.6 The Committee certainly does not take lightly
concern on the part of the State party that article 3 of
the Convention might be improperly invoked by
asylum-seekers. However, the Committee is of the
opinion that, even though there may be some
remaining doubt as to the veracity of the facts
adduced by the author of a communication, it must
ensure that his security is not endangered.1 In order
9.3 In accordance with article 3, paragraph 1, of
the Convention, the Committee has to determine
whether there are substantial grounds for believing
that Mr. Aemei and the members of his family
would be in danger of being subjected to torture if
1
See Views on communication N° 13/1993 (Mutombo v.
Switzerland), adopted on 27 April 1994, para. 9.2.
25
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