CAT/C/21/D/91/1997
page 9
Tunisia, and that the statements of the author about the torture, the scars he
bears and the traumas he has indicated were not even considered. This, along
with the letter from the social worker, should have prompted a more thorough
examination.
5.7
Counsel also provides copy of a medical report dated 23 October 1997
made by the psychiatrist who examined the author at the aliens detention
centre “De Geniepoort” in which it is indicated that the author presents a
suspicious attitude which might possibly result from a psychiatric disorder.
It is also indicated that, because of that attitude and the incomplete
information concerning his prior history, a diagnosis cannot be made with
certainty but a schizophrenic development cannot be excluded. Further
examination is required.
Issues and proceedings before the Committee
6.1
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. 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 that no further obstacles to
the admissibility of the communication exist. Since both the State party
and the author’s counsel have provided observations on the merits of the
communication, the Committee proceeds with the consideration of those merits.
6.2
The issue before the Committee is whether the forced return of the
author to Tunisia would violate the obligation of the Netherlands 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.
6.3
The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that the author would be in danger
of being subjected to torture upon return to Tunisia. In reaching this
decision, the Committee must take into account all relevant considerations,
pursuant to paragraph 2 of article 3, 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 return. 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; specific
grounds must exist indicating 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.