The Committee must decide, pursuant to article 3, paragraph 1, whether there are
substantial grounds for believing that the author would be in danger of being
subject to torture. In reaching this conclusion, the Committee must take into
account all relevant considerations, pursuant to article 3, paragraph 2,
including the existence of a consistent pattern of gross, flagrant or mass
violations of human rights. The aim of the determination, however, is to
establish whether the individual concerned would be personally at risk of being
subjected to torture in the country to which he 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 a sufficient ground for
determining that a person would be in danger of being subjected to torture upon
his return to that country; additional grounds must exist to indicate that the
individual concerned would be personally at risk.
8.
The Committee notes that the author has claimed that, during his first
detention, he was beaten with a rope with wire in it. Although not explicitly
corroborated by the medical note submitted by the author, the Committee is
prepared to find that X was maltreated during his first detention in Zaire. The
Committee also notes that the author has not claimed that he was tortured during
his second detention. Finally, the Committee notes that the periods of the
author’s detention have been short, that the author has not claimed that he was
an active political opponent and that there is no indication that the author is
being sought by the authorities in his country. Therefore, the Committee
considers that the author has not substantiated his claim that he will be
personally at risk of being subjected to torture if he is returned to Zaire.
9.
The Committee against
Convention against Torture
Punishment, is of the view
reveal a breach of article
Torture, acting under article 22, paragraph 7, of the
and Other Cruel, Inhuman or Degrading Treatment or
that the facts as found by the Committee do not
3 of the Convention.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Notes
a/
Mutombo v. Switzerland, views adopted on 27 April 1994, paragraph 9.3
(see Official Records of the General Assembly, Forty-ninth Session, Supplement
No. 44 (A/49/44), annex V, sect. B).
b/
Mutombo v. Switzerland, communication No. 13/1993, views adopted on
27 April 1994.
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