CAT/C/29/D/204/2002
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human rights. The aim, however, is to determine whether the individual concerned would
personally risk torture in the country to which he or she would return. It follows that, in
conformity with the Committee’s jurisprudence and despite the allegations of the complainant in
regard to the situation in Iran as per paragraph 2.8, the existence of a consistent pattern of gross,
flagrant or mass violations of human rights in a country does not as such constitute sufficient
grounds for determining whether the particular person would be in danger of being subjected to
torture upon his return to that country; additional grounds must be adduced to show that the
individual concerned would be personally at risk. Conversely, 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.
6.3
The Committee notes that the main reason the complainant fears a personal risk of torture
if returned to Iran is because he allegedly killed a guard in a park in Tehran prior to his
departure. The complainant admits that he provided inconsistent information to the State party
on his alleged involvement in political activities, which he attributes to the effects of torture, but
argues that he was never inconsistent in describing the incident in the park. The Committee
notes that the complainant has provided a medical report which indicates that he has marks on
his body, but does not support the allegation that he suffers from post traumatic stress disorder
resulting from being subjected to torture. Indeed, the Committee notes the State party’s
argument that the complainant did not mention any instances of torture until the appeal to the
Aliens Appeal Board and even then provided no details of the alleged torture. Neither has the
complainant provided details of any torture in his submission to the Committee. Consequently,
the Committee finds it difficult to believe that inconsistencies in the information provided to the
State party and to the Committee resulted from the effects of torture. In addition, and contrary to
the complainant’s claim, the Committee notes that the complainant was inconsistent in his
description of the incident in the park including his failure to mention his girlfriend’s presence
until his application to the Government in 2002. The Committee also observes that the
complainant has failed to sufficiently explain many other inconsistencies in his claim including
the circumstances of his mother’s death, and his departure from Iran, which raise doubts with the
Committee as to his credibility. In light of the foregoing, the Committee finds that the
complainant has not established that he himself would face a foreseeable, real and personal risk
of being tortured within the meaning of article 3 of the Convention.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the complainant’s removal to Iran by the State party would not constitute a breach of
article 3 of the Convention.
Notes
1
The complainant provided a medical report, dated 23 May 1996, indicating that he had scars
on his body alleged to have been caused by cigarette burns and whipping. The complainant
provided no details of the alleged torture.
2
The State party refers to the case of Y. v. Switzerland, case No. 18/1994, Views adopted
on 17 November 1994.
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