CAT/C/68/D/863/2018
days. The complainant stated that she had been arrested thereafter, when she had returned
home to collect items for her children. In contrast, the Committee observes that in her
communication, the complainant states that she was hiding under a bed in an adjacent room
in her home when her husband was arrested, and was discovered and arrested as soon as her
husband was taken from the home. The Committee also notes that before the domestic
authorities, the complainant was unable to adequately describe the prison where she
claimed to have been held for four years, did not know whether the guards at the prison
were armed, and was unable to explain how her friend knew where the complainant was
being held and how the friend managed to arrange for the complainant’s escape from prison.
The Committee recalls that complete accuracy is seldom to be expected from victims of
torture,13 and observes that the complainant has provided documentation indicating that she
was suffering from post-traumatic stress disorder and depression in 2014. However, while
observing that the complainant’s state of mental health may account for some
contradictions and insufficiencies in her account to the asylum authorities, the Committee
considers that it does not provide a satisfactory explanation for the aforementioned gaps
and inconsistencies, which concern core elements of her account.
8.9
Furthermore, taking into account the report issued by the Institute for Human Rights
and Medical Assessment, which indicated that the complainant’s scars were consistent with
her account, the Committee observes that even if it were to disregard the inconsistencies in
the complainant’s account of her past experiences in Côte d’Ivoire and accept her
statements as true, the complainant has not provided any information credibly indicating
that she would presently be of interest to the Ivorian authorities. 14 In this regard, the
Committee observes that the complainant claims to have been arbitrarily arrested in 2005
due to her husband’s association with the party of Mr. Ouattara, who has been the President
of Côte d’Ivoire since 2010. The information made available to the Committee does not
indicate that nine years after the alleged events occurred, the complainant would be at risk
of being subjected to torture if returned to her country of origin.
8.10 With respect to the complainant’s allegations that she should not be returned to her
country of origin because of the high incidence of sexual violence there, the Committee is
seriously concerned by reports indicating that impunity for rape persists in Côte d’Ivoire.15
The Committee further recalls its jurisprudence in which it found that rape by State officials
constituted torture.16 However, the Committee notes that although past events may be of
relevance, the principal question before the Committee is whether the complainant
currently runs a risk of torture if returned to Côte d’Ivoire.17 The Committee considers that
the incidence of general sexual violence in Côte d’Ivoire does not demonstrate that the
complainant would incur a personal risk of being subjected to sexual violence if returned
there at present.
8.11 The Committee recalls that the burden of proof is upon the complainant, who must
present an arguable case, that is, submit substantiated arguments showing that the danger of
being subjected to torture is foreseeable, present, personal and real, unless the complainant
is in a situation where he or she cannot elaborate on his or her case. 18 The Committee notes
the State party’s observations that the information supplied by the complainant was vague,
imprecise and contradictory concerning key elements of her claims. In the light of the
above considerations and on the basis of all the information submitted by the complainant
and the State party, including on the general situation of human rights in Côte d’Ivoire, the
Committee considers that the complainant has not provided sufficient evidence to enable it
to conclude that her forcible removal to Côte d’Ivoire would expose her to a foreseeable,
present, personal and real risk of torture within the meaning of article 3 of the Convention.
Moreover, her claims do not establish that the evaluation of her asylum application by the
13
14
15
16
17
18
See G.E. v. Australia (CAT/C/61/D/725/2016), para. 7.6.
See H.R.E.S. v. Switzerland (CAT/C/64/D/783/2016), para. 8.9.
CEDAW/C/CIV/CO/4, para. 9 (a).
See, inter alia, C.T. and K.M. v. Sweden (CAT/C/37/D/279/2005), para. 7.5; and V.L. v. Switzerland
(CAT/C/37/D/262/2005), para. 8.10.
G.E. v. Australia (CAT/C/61/D/725/2016), para. 7.8.
See the Committee’s general comment No. 4, para. 38.
11