CAT/C/31/D/213/2002
Page 9
8.5
The Committee takes note of the discrepancies and grey areas in the complainant’s
account, as indicated by the State party, which were not clarified by the complainant. It further
observes that the complainant has not provided sufficient evidence to corroborate his assertions
of having been subjected to torture in Costa Rica.
8.6
The Committee also notes the observations of the State party to the effect that the most
serious incident alleged by the complainant took place in 1995, but that the complainant
nevertheless did not leave Costa Rica until May 1997. It observes that the complainant’s reply is
vague in this regard, and that while he contends that the government institutions in Costa Rica
have not protected him in the past, he has not provided evidence to corroborate his assertion.
8.7
On the issue of the complainant’s alleged difficulties in Costa Rica on account of his
bisexuality, the Committee observes that the danger of being subjected to torture in Costa Rica in
future is not based on grounds that go beyond mere theory or suspicion. In the Committee’s
opinion, the reports submitted by the complainant do not demonstrate substantial grounds for
believing that he is personally and currently in danger of being tortured if returned to Costa Rica.
In the light of the foregoing, the Committee considers that the information furnished by the
complainant does not provide substantial grounds for believing that he would personally be in
danger of being tortured if returned to Costa Rica.
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, considers that
the complainant has not substantiated his claim that he would be subjected to torture upon his
return to Costa Rica, and therefore concludes that the complainant’s removal to that country
would not constitute a breach by the State party of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the Spanish 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.]