Issues and proceedings before the Committee
8.1 Before considering any claims contained in a communication, the
Committee 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.
8.2 With regard to the exhaustion of domestic remedies, the
Committee has taken note of the observations by the State party and
by the author's counsel. Pursuant to article 22, paragraph 5 (b), of the
Convention, the Committee is precluded from considering any
communication unless it has been ascertained that all available
domestic remedies have been exhausted. This rule does not, however,
apply if it is established that the application of domestic remedies has
been or would be unreasonably prolonged or would be unlikely to
bring effective relief to the presumed victim. In this connection, the
Committee notes that the author was removed to Afghanistan on 27
November 1998. The Committee therefore declares the
communication admissible.
8.3 The Committee notes that both the State party and the author's
counsel have provided observations on the merits of the
communication. It therefore decides to consider the merits at the
present stage.
8.4 The Committee is of the opinion that the author did not bring any
evidence that he would be personally at risk of being subjected to
torture if he were returned to Afghanistan. The Committee also noted
that the author has not suggested that he had been subjected to torture
in the past. Nor has he alleged that he has been involved in any
political or religious activities such that his return could draw the
attention of the Taliban to the extent of putting him at personal risk of
torture.
8.5 The author only brought information on the general situation in
Afghanistan and claimed that, as a member of the Tajik ethnic group,
he would face torture upon return to Afghanistan. Although it
recognizes the difficulties encountered by some ethnic groups in
Afghanistan, the Committee considers that the mere claim of being a
member of the Tajik ethnic group does not sufficiently substantiate
the risk that the author would be subjected to torture upon return.