CAT/C/32/D/148/1999 Page 11 classified as a draft evader rather than a deserter, and thus face a prison sentence of no more than 3 years. 4.13 The State party concedes that Sudan has a poor human rights record, and that both government and non- government forces continue to commit abuses of human rights. It notes the general findings of the Commission on Human Rights 4 that a failure of the united Inter-Governmental Authority on Development to consolidate the 1994 Declaration of Principles (DOP) agreed to by the Sudanese government and the warring factions resulted in the continuation of the conflict in the south. However, it argues that 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 person would be in danger of being subjected to torture upon his return to that country. Specific grounds must exist to indicate that the alleged victim is personally at risk of torture by removal. Such grounds must go beyond mere theory or suspicion. 5 4.14 Even if the State party were to accept that the complainant is Sudanese and that he was arrested at a rally in April 1992, it does not accept that he belongs to a high-risk group. The complainant never practised as a lawyer, he is no longer a student and has not been politically active since April 1992. Moreover, he has been out of Sudan since 1996, from which time onward he has done nothing to raise a profile in Sudan. The complainant does not fit the descrip tion of a targeted “rank and file activist or student”, nor that of a youth, student leader or lawyer who might be viewed as a political opponent and thus a target of torture by the government. 6 A UNHCR Sudan Update written in 1997 concludes that Umma and another opposition party, the Democratic Unionist Party, are outdated and that most young people do not pay attention 4 Report of the into the situation of human rights in the Sudan, E/CN.4/1999/38/Add.1 (17 May 1999) 5 The State party refers to the Committee’s General Comment on article 3 and Mutombu v Switzerland, Case No. 13/1993. 6 As referred to in the 1999 US Department of State Country Report on Human Rights Practices in Sudan.

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