CAT/C/30/D/198/2002
page 11
7
“… 6. Bearing in mind that the State party and the Committee are obliged to assess whether
there are substantial grounds for believing that the petitioner would be in danger of being
subjected to torture were he/she to be expelled, returned or extradited, the risk of torture must be
assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have
to meet the test of being highly probable.
7. The petitioner must establish that he/she would be in danger of being tortured and that
the grounds for so believing are substantial in the way described, and that such danger is
personal and present. All pertinent information may be introduced by either party to bear on this
matter.”
8
The petitioner gives as example an NGO appeal and a Report of the Special Representative of
the United Nations Secretary-General on Human Rights Defenders of 27 February 2002.
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