CAT/C/32/D/148/1999
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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.
5.2 The Committee notes that the fact that domestic remedies are exhausted is
not contested by the State party. The State party objects to admissibility on the
grounds that the complainant has not established a prima facie case of a
violation of article 3, but the Committee is of the view that the compla inant
has provided sufficient information in substantiation of his claim to consider
his complaint on the merits. As the Committee sees no further obstacles to the
admissibility of the complaint, it declares the compla int admissible and
proceeds to its consideration on the merits.
Consideration on the merits
6.1 The Committee must decide whether the forced return of the complainant
to Sudan would violate the State party's obligation, under article 3, paragraph
1, of the Convention, not to expel or return (refouler) an individual to another
State where there are substantial grounds for believing that he would be in
danger of being subjected to torture. To reach its conclusion, the Committee
must take into account all relevant considerations, including the existence in
the State concerned of a consistent pattern of gross, flagrant or mass violations
of human rights. The aim, however, is to determine whether the individual
concerned would personally risk torture in the country to which he or she
would return. It follows that the existence of a consistent pattern of gross,
flagrant or mass violations of human rights in a country does not as such
constitute sufficient grounds for determining whether the particular person
would be in danger of being subjected to torture upon his return to that
country; additional grounds must be adduced to show that the individual
concerned would be personally at risk. Conversely, the absence of a consistent
pattern of gross violations of human rights does not mean that a person cannot