CAT/C/20/D/65/1997
page 11
13.2 With regard to the nature of the author's publications, counsel explains
that in Morocco, he published six issues of a newspaper for Afar students
which dealt with the question of discrimination of Afar students in the
educational system of Djibouti. During his time abroad, the author also
worked on an essay on the history of Djibouti.
13.3 After his departure from Djibouti in September 1991, the author wrote
articles about the political situation in Djibouti which were published in
different European-based Arabic newspapers. 4 He continued to support the
FRUD and opposed the Government, the 1994 peace accord and the human rights
situation in Djibouti. It is stated that two of the newspapers in which the
author published, are being distributed all over the Arabic-speaking world,
including Djibouti.
13.4 With regard to the author's belief that he will be subjected to torture
upon return to Djibouti, counsel recalls that the human rights situation is
still very poor, and refers in this context to the United States State
Department report on Djibouti. The Afar resistance is still opposing the
Government and in autumn 1997, FRUD reopened its military campaign. A number
of FRUD officials have been arrested in September 1997. Counsel submits that
the author belongs to the oppressed Afar group, that he has made his views
public, that he has been arrested and tortured in 1991, that he has
participated in political activities and that he has published articles
attacking the Government. According to counsel, it is likely that the Djibouti
authorities are aware of the author's publications and that it is important to
them to neutralize him. In the light of the present political situation and
the lack of respect for human rights in Djibouti, counsel argues that a
substantial and serious risk exists that the author, when returned to
Djibouti, will once again be subjected to torture.
Issues and proceedings before the Committee
14.1 The Committee has considered the communication in the light of all the
information made available to it by the parties, in accordance with
article 22, paragraph 4, of the Convention.
14.2 The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that the author would be in danger
of being subjected to torture upon return to Djibouti. In reaching this
decision, the Committee must take into account all relevant considerations,
pursuant to paragraph 2 of article 3, 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
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 a sufficient ground for determining that a particular person
would be in danger of being subjected to torture upon his return to that
country; additional grounds must exist to show that the individual concerned
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
specific circumstances.
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