CAT/C/32/D/148/1999
Page 10
stated at the first RRT hearing that she did not know the complainant in
Sudan, but went to school with two of his cousins, and that she telephoned the
London branch of the Umma Party to confirm his membership. While her
claims may be true, the State party deems information about the level of
generality she obtained from the London Umma branch to be less significant
than the complete absence of documentary evidence from the complainant
himself regarding his Umma membership and his alleged reputation as a
political dissident. Her statement, if accepted, merely supports the
complainant’s claim that he is of Sudanese origin.
4.11 On the issue of the complainant’s alleged conscientious objection, the
State party submits that his evidence before the RRT regarding compulsory
military service was contradictory and unconvincing and there is no
independent corroborating evidence of his conscientious objection to the civil
war. The State party sets out in detail the complainant’s evidence on this issue
to the 1st and 2nd hearing of the RRT, which differs in many respects.
Significantly, the Member of the 2nd RRT did not accept his claims
concerning his being called up for duty and did not except that the letter
provided by the complainant as evidence that he had been called up to fight
for the PDF was genuine The State party submits that the complainant
provided no evidence that he would be treated as a deserter. Even if it were to
assume that he is a conscientious objector and that he would be forced to
participate in the civil war through non-discriminatory conscription, this does
not amount per se to torture as defined in the Convention.
4.12 The State party submits that even if it were accepted that the complainant
has either evaded the draft or deserted, there is little evidence to suggest that
this would place him at risk of torture if he is returned to Sudan. Since the
enactment of the new Sudanese Constitution in 1998, torture or execution
carried out in any circumstances, including desertion, is illegal. Having
carefully assessed the available informatio n, the State party believes that the
complainant would not face torture or execution as a result of avoidance of
military service. Even if the complainant did face some form of sanction for
his claimed “desertion”, the available information indicates that he would be