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Unionist Party, are outdated and that most young people do not pay attention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.