CAT/C/29/D/119/1998
page 11
the purpose of this analysis is to determine whether the person concerned would personally be in
danger of being subjected to torture in the country to which he would be returned. It follows that
the existence in a country of a consistent pattern of gross, flagrant or mass violations of human
rights is not in itself a sufficient reason for establishing that a particular person would be in
danger of being subjected to torture if he were returned to that country. There must be other
reasons to suggest that the person concerned would personally be in danger, but the absence of a
consistent pattern of flagrant violations of human rights does not mean that a person cannot be
subjected to torture in his own particular situation.
8.3
The Committee draws attention to its General Comment on the implementation of
article 3, which reads: “Bearing in mind that the State party and the Committee are obliged to
assess whether there are substantial grounds for believing that the author would be in danger of
being subjected to torture were he/she to be expelled, returned or extradited, the risk of torture
must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does
not have to meet the test of being highly probable” (A/53/44, annex IX, para. 6).
8.4
In the present case, the Committee takes note of the State party’s observations that the
claimant’s statements about the risks of torture are not credible and not corroborated by objective
evidence.
8.5
On the basis of the information submitted to it, the Committee considers that the
complainant has not demonstrated that he is an opponent of the regime who is wanted for
terrorist activities. The Committee notes that he was acquitted of responsibility for the
1988 explosion and that he has not been accused of other opposition activities since then. He has
thus not shown that there is a personal risk of being subjected to torture if he returns to
Honduras. Accordingly, the Committee takes the view that it is not necessary to examine the
general human rights situation in Honduras and that the claimant has not demonstrated that there
are substantial grounds, in accordance with article 3 of the Convention, for believing that he
would be in danger of being subjected to torture if he returned to his country of origin.
9.
Consequently, 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 return of the complainant to Honduras would not constitute a
breach of article 3 of the Convention.
Notes
1
He claims that he was not released on the day of the decision because of an appeal filed by the
opposing party.
2
The complainant also provided a statement from the Reverend Leo Frade, Anglican Bishop of
Honduras, who, having taken into consideration various aspects of the general situation in
Honduras and of the complainant’s personal situation, confirmed the author’s fears.
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