CAT/C/30/D/198/2002
page 9
5.5
The petitioner further argues that the facts do not support the State party’s observation
that he was not “singled out”. The first time he was arrested, questioned and tortured, he was
one of the organizers and speakers of the meeting in the lawyers’ union offices. The second time
he was arrested, detained and tortured, and told to stop his political activities, after he violated a
travel ban. The third time, he was among those who had detected an electoral fraud scheme.
5.6
The petitioner considers also that the State party should, but did not, take into
consideration that every time he was detained, he was tortured.
5.7
Finally, the petitioner states that the State party should, but did not, take into account that
lawyers in his position remain a group at risk in Sudan.8
Issues before the Committee
6.
Before considering any claim contained in a complaint, the Committee 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 or is not being examined under another procedure of international
investigation or settlement. The Committee notes that the State party has not raised any
objections to the admissibility of the communication, and that it has requested the Committee to
proceed to an examination of the merits. The Committee concludes that no obstacles to the
admissibility of the complaint exist and proceeds with the consideration of its 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 or not the forced return of the petitioner to
Sudan would violate the State party’s obligation, under article 3 of the Convention, not to expel
or to return a person to another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture.
7.3
The Committee recalls that in reaching its decision, it must take into account all relevant
considerations, pursuant to article 3, paragraph 2, including the existence of a consistent pattern
of gross, flagrant or mass violations of human rights. The aim of the determination, however, is
to establish whether the individual concerned would be personally at risk of being subjected to
torture in the country to which he or she would be returned. It follows that the existence of a
consistent pattern of gross, flagrant or mass violations of human rights in a country does not as
such constitute a sufficient ground for determining that a particular person would be in danger of
being subjected to torture upon his return to that country; additional grounds must exist to show
that the individual concerned would be personally at risk. Similarly, the absence of a consistent
pattern of gross violations of human rights does not mean that a person cannot be considered to
be in danger of being subjected to torture in his or her specific circumstances.
7.4
In the instant case, the Committee notes the inconsistencies in the petitioner’s account, as
pointed out by the State party, as well as the general failure by the petitioner to substantiate his
allegations that he was subjected to torture.