International emphasizes, with reference to the Swedish authorities’ decisions, that
even individuals with a weak link to Al-Nadha have been subjected to persecution in
Tunisia.
4.15 With respect to the information provided by UNHCR, the complainant states
that the office had provided two letters in which it states its clear position that all
Al-Nadha members risk persecution. This statement goes even further than
evaluating individual risk.
4.16 As to the letters from the Chairman of Al-Nadha, the complainant notes that
the second letter makes it clear that he has personal knowledge of the complainant.
Indeed, the State party itself states that it has no reason to doubt that the certificate is
genuine.
Issues and proceedings before the Committee
5.1
Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22 of the
Convention. In this respect 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
and is not being examined under another procedure of international investigation or
settlement. The Committee also notes that all domestic remedies have been exhausted
and finds no further obstacles to the admissibility of the communication. Thus, the
Committee proceeds to a consideration of the merits.
5.2
The Committee must decide whether the forced return of the complainant to
Tunisia would violate the State party’s obligation, under article 3, paragraph 1, of the
Convention, not to expel or return (refouler) an individual to another State where
there are substantial grounds for believing that he would be in danger of being
subjected to torture. In order to reach its conclusion, the Committee must take into
account all relevant considerations, including the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of 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 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.
5.3
The Committee notes the complainant’s argument that there is a foreseeable
risk that he will be tortured if deported to Tunisia because of his involvement with
Al-Nadha and the fact that he was previously interrogated and tortured by the
Tunisian authorities. The Committee takes note of the information provided by
Amnesty International but observes that the complainant does not contest that he was
not a member of Al-Nadha nor involved in any political activity, but merely involved
in work of a humanitarian nature. In addition, the Committee notes that the
complainant has not provided any evidence of having been tortured by the Tunisian
authorities and has not alleged any other circumstances which would appear to make
him particularly vulnerable to the risk of being torture. This consideration is further
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