CAT/C/56/D/594/2014
The Committee also notes the State party’s argument that the complainant has not
demonstrated that he is under a real and present threat of torture by terrorists. In that
connection, it notes that the alleged threats by terrorists occurred in 2004 and 2005, that the
complainant left Algeria in 2005 and that his last statement to the police was given in June
2005. It also notes that the complainant has not adduced any evidence that the Algerian
authorities or the alleged terrorists have been looking for him in the recent past.
8.7
Furthermore, the Committee notes that, according to the State party, nothing would
prevent the complainant from seeking protection from the Algerian authorities in regard to
the alleged threats, especially given that the independent lawyer’s report did not establish
that he would be suspected or sentenced for involvement with terrorists. In that connection,
the Committee notes the complainant’s claims that the security situation in Algeria is poor,
with widespread human rights violations, including the prevalence of torture in places of
deprivation of liberty, while the State party asserts that the current situation in Algeria does
not in itself suffice to establish that an expulsion of the complainant would entail a violation
of his rights under article 3, and that the authorities generally do not lack the will or the
ability to protect the country’s inhabitants.
8.8
The Committee recalls paragraph 5 of its general comment No. 1, according to
which the burden of presenting an arguable case lies with the author of a communication,
and considers that the complainant has not discharged the burden of proof.25 The
Committee concludes that the material on file does not enable it to conclude that the
complainant would be at risk of treatment contrary to article 3 of the Convention if he
returned to Algeria.
8.9
As regards the complainant’s claim that the migration authorities have failed to
conduct a proper investigation into his allegation, the Committee notes that the complainant
disagrees with the factual conclusions of the State party’s authorities. Nonetheless, his
claims do not establish that the evaluation of his asylum application by the Swedish
authorities was clearly arbitrary or amounted to a denial of justice. In that regard, the
Committee notes that the State party’s migration authorities have conducted a
comprehensive and thorough examination of the evidence in the case and considers that the
complainant has not sufficiently substantiated his claims that the State party’s authorities
have failed to duly assess the risk he would allegedly face if he returned to Algeria.
9.
Consequently, the Committee considers that the evidence and circumstances
invoked by the complainant have not adduced sufficient grounds for believing that he
would run a real, foreseeable, personal and present risk of being subjected to treatment
contrary to article 3 of the Convention.
10.
The Committee acting under article 22 (7) of the Convention, concludes that the
complainant’s removal to Algeria by the State party would not constitute a breach of article
3 of the Convention.
25
14
See communication No. 429/2010, Mallikathevi Sivagnanaratnam. v. Denmark, decision adopted on
11 November 2013, paras. 10.5 and 10.6.