CAT/C/54/D/490/2012
Democratic Republic of the Congo. The complainant also informed the Committee that she
had given birth to her second child on 3 October 2013.
Additional submission from the State party
7.
On 20 January 2015, the State party informed the Committee that despite the new
medical certificates submitted to the Committee by the complainant, which were not
submitted to the State party authorities, the facts presented by the complainant to the
Committee did not reveal a breach of article 3 of the Convention should she be deported to
the Democratic Republic of the Congo. The State party maintained that the complainant’s
asylum request had been fairly and thoroughly examined by the national authorities, and it
had not been established that she would face a serious risk of torture or ill-treatment upon
return.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any complaint submitted in a communication, the Committee
against Torture must decide whether it is admissible under article 22 of the Convention.
The Committee has ascertained, as it is required to do under article 22 (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.
8.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that in the
present case, the State party has recognized that the complainant has exhausted all available
domestic remedies. As the Committee finds no further obstacles to admissibility, it declares
the communication admissible.
Consideration of the merits
9.1
The Committee has considered the communication in the light of all the information
made available to it by the parties concerned, in accordance with article 22 (4) of the
Convention.
9.2
The issue before the Committee is whether the expulsion of the complainant to the
Democratic Republic of the Congo would constitute a violation of the State party’s
obligation 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 or she would be in danger of
being subjected to torture.
9.3
The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon
return to the Democratic Republic of the Congo. In assessing this risk, the Committee must
take into account all relevant considerations, pursuant to article 3 (2) of the Convention,
including the existence of a consistent pattern of gross, flagrant or mass violations of
human rights. However, the Committee recalls that the aim of such determination is to
establish whether the individual concerned would be personally at a foreseeable and real
risk of being subjected to torture in the country to which he or she would return. It follows
that the existence of a pattern of gross, flagrant or mass violations of human rights in a
country does not of itself 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 pattern of flagrant violations of human rights does
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