CAT/C/20/D/90/1997
page 6
oncerned would be personally at risk. Similarly, the absence of a consistent
pattern of gross violations of human rights does not mean that a person cannot
be considered to be in danger of being subjected to torture in his or her
particular circumstances.
8.3
The Committee observes that past torture is one of the elements to be
taken into account when examining a claim under article 3 of the Convention,
but its purpose in considering the communication is to decide whether, if the
author were returned to Angola, he would now risk being tortured.
8.4
In the case in point the Committee notes the author's claim to have been
tortured in 1987 and beaten upon his arrest in February 1997. The author has
however, supplied no evidence, whether medical certificates or other,
attesting to acts of torture or ill-treatment or the sequelae of such. In
particular, the Committee notes that the author has supplied no detailed
information on how he was treated when arrested in February 1997, although it
was that arrest that prompted him to leave for Switzerland.
8.5
The author bases his fear of torture on the fact that he is still being
sought by MPLA soldiers because of the video cassette. The Committee notes,
however, that he has put forward no reason to suggest that he is indeed still
wanted. Neither does he make any allusion to the circumstances of his family,
including his father, who, according to the author, was also wanted in
connection with the video cassette.
8.6
The Committee notes that the situation in Angola, given the peace
process, is still difficult, as recently stated in a report by the
Secretary-General on the United Nations Observer Mission in Angola (MONUA).
The same report states that human rights violations, including torture, which
are attributed to the national police among other parties, continue to take
place. But it also says that significant progress has been made and that the
Government and UNITA have agreed on important points which should enable the
peace process to advance. It would therefore seem that the situation in the
country has not deteriorated since the author left.
8.7
The Committee points out that, for the purposes of article 3 of the
Convention, the individual concerned must face a foreseeable, real and
personal risk of being tortured in the country to which he is returned. On
the basis of the above considerations, the Committee is of the opinion that
such a risk has not been established.
8.8
In the light of the foregoing, the Committee considers that the
information before it does not show substantial grounds for believing that the
author runs a personal risk of being tortured if sent back to Angola.
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 facts before it do not indicate a breach of
article 3 of the Convention.
[Text adopted in French (original version) and translated into English,
Spanish and Russian]
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