CAT/C/36/D/278/2005
Page 5
4.5
The State party observes that the author himself requested to be deported to Damascus
by letter of 18 August 2005 sent to the Swiss migration office and later refused to take the
flight to Damascus booked by the Swiss authorities.
Complainant’s comments on State party’s observations
5.1
By letter of 12 January 2006, the author reiterates that JEM is a movement fighting for
political change in the country, which has a national agenda directed against the present
government of Sudan, and that arbitrary arrests and torture on the mere suspicion of
membership or helping the rebels are common and carried out with total impunity.
5.2
The complainant stresses that he is not any member but a founding member of JEM
and well-known throughout Sudan due to his activities. Therefore, he contends that it is
almost certain that he is well known by Sudanese security forces and that he would be
tortured if returned to Sudan. He notes that he was initially instructed by the rebel leadership
to refrain from disclosing his close and special relationship with the movement and that,
when he was finally told to declare his membership, the Swiss authorities refused to believe
him.
5.3
The complainant recalls that Sudan is a country with appalling human rights records,
with a pattern of gross, flagrant and massive human rights violations.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a complaint, the Committee against
Torture 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 and is not being examined under another
procedure of international investigation or settlement. In the present case the Committee
further notes that domestic remedies have been exhausted and that the State party does not
contest admissibility. Accordingly, the Committee finds the complaint admissible and
proceeds to consideration of the merits.
6.2
The issue before the Committee is whether the complainant’s removal to Sudan would
constitute a violation of the State party’s obligation, under article 3 of the Convention, not to
expel or return a person to a State where there are substantial grounds for believing that he
would be in danger of being subjected to torture.
6.3
In assessing whether there are substantial grounds for believing that the complainant
would be in danger of being subjected to torture if returned to Sudan, the Committee must
take account of all relevant considerations, including the existence of a consistent pattern of
gross, flagrant or mass violations of human rights. However, the aim of such an analysis is to
determine whether the complainant runs a personal risk of being subjected to torture in the
country to which he would be returned. It follows that the existence of a pattern of gross,
flagrant or mass violations of human rights in a country does not as such constitute sufficient
reason for determining that a particular person would be in danger of being subjected to
torture on 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