8.7.
CAT/C/34/D/221/2002
Page 17
Finally, with regard to the complainant’s allegation that since he risks
detention in respect of the pending court charges against him, and detention is
inevitably followed by torture, the Committee concludes that the existence of torture
in detention as such does not justify a finding of a violation of article 3, given that the
complainant has not demonstrated how he personally would be at risk of being
tortured.
8.8
In light of the foregoing, the Committee finds that the complainant has not
established that he himself would face a foreseeable, real and personal risk of being
tortured within the meaning of article 3 of the Convention.
9.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that the complainant's removal to Bangladesh by the State
party would not constitute a breach of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee’s annual report to the General Assembly.]
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