CAT/C/30/D/198/2002
page 6
two fractions: one supporting the regime in power, and one supporting the DUP. The petitioner
carried out activities for the DUP within the lawyers’ union, mainly by coordinating and
organizing meetings with the aim of overthrowing the regime. According to the petitioner, his
troubles started in July 1997, during the preparation for elections for the members of the board
of the lawyers’ union, to be held in November 1997. He states that the authorities had
harboured ill will towards him and his family even before then, because his brother-in-law,
Bashir Mustafa Bashir, had been one of the 29 officers executed for their involvement in an
attempted coup on 28 June 1989.
4.12 The State party notes that the petitioner was arrested four times: in July 1997, during
a meeting in the offices of the lawyers’ union in relation to the coming elections; in
September 1997, when he wanted to attend a party meeting in Port Sudan and went to obtain a
travel permit from the security services; he was informed that after his arrest in 1997, he was no
longer allowed to travel. He departed nevertheless, but was arrested in Sawakin and placed in
custody. After three days, he was thrown into the ocean by the security services. He claims that
this was done to scare him; he was picked up by a trawler, accused of arms trafficking and
of leaving Sudan illegally and turned over to the security services again. He was detained
during seven days, after which he was released. The third arrest was in November 1997,
when he was monitoring the elections within the lawyers’ union. The final arrest took place
on 30 January 1998, during a demonstration. The petitioner alleged that he was transported to a
ghost house, where major opponents of the regime were detained. He was kept in a solitary cell,
measuring 0.5 by 3 metres and was interrogated twice, and subjected to psychological torture.
On 20 March 1998, he was interrogated by a former classmate from secondary school. The
former classmate decided to help the petitioner, and told him how to escape from the cell.
On 25 March 1998, he left Sudan by ship from Port Sudan.
4.13 The State party recalls that the petitioner applied for asylum and for a residence permit
on 15 April 1998. On 12 May 1998, he was interviewed by an IND official, with the help of
an Arabic interpreter, regarding the reasons for seeking asylum. By a decision of 23 May 1999,
his application was rejected as manifestly ill-founded; his application for a resident permit
was also rejected. On 17 June he lodged an objection against the decision of 23 May 1998;
on 10 February 2000 he was interviewed by a committee regarding his objection. The objection
was declared unfounded on 14 April 2000. The petitioner lodged an appeal against that decision
on 9 May 2000. By judgement of 29 March 2001, the Hague District Court declared the appeal
unfounded.
4.14 The State party considers that the existence of a consistent pattern of gross violations of
human rights in a country does not as such constitute sufficient ground for determining that a
particular person would be in danger of being subjected to torture upon his return to that country;
specific grounds must exist to the effect that the individual concerned would be personally at
risk.5 The State party recalls that “substantial grounds” require more than a mere possibility of
torture but need not be highly likely in order to satisfy that provision’s conditions.6
4.15 The State party invokes the Committee’s general comment on article 3, in
particular paragraphs 6 and 77, and the Committee’s Views in communication No. 142/1999,
S.S. and S.A. v. Netherlands.