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 person would be in danger
of being subjected to torture upon his return to that country; specific grounds
must exist that indicate 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.
9.3 In the instant case, the Committee considers that the author’s political
affiliation and activities, her history of detention and torture, should be
taken into account when determining whether she would be in danger of being
subjected to torture upon her return. The State party has pointed to
contradictions and inconsistencies in the author’s story, but the Committee
considers that complete accuracy is seldom to be expected by victims of torture
and that such inconsistencies as may exist in the author’s presentation of the
facts are not material and do not raise doubts about the general veracity of the
author’s claims.
9.4 The Committee has noted the State party’s assertion that in general
returned asylum seekers do not face political persecution upon return, owing to
the fact that the Government of Zaire is aware that many leave because of
economic, not political reasons. Be this as it may, in the instant case the
author has claimed, and the State party has not contested, that she was an
active member of UDPS, chairperson of the women’s group in her home town, that
her husband was the personal secretary of one of UDPS leaders, that she was
detained because of her political activities and that she has continued her
political activities in support of UDPS in Sweden. In the circumstances, the
Committee need not take into consideration the general situation of returned
refugee claimants, but rather the situation of returned refugee claimants who
are active members of the opposition to the Government of President Mobutu.
9.5 In this context, the Committee has noted the position of the United Nations
High Commissioner for Refugees, according to whom deportees who are discovered
to have sought asylum abroad undergo interrogation upon arrival at Kinshasa
airport, following which those who are believed to have a political profile are
at risk of detention and consequently ill-treatment. The Committee also notes
that, according to the information available, members of UDPS continue to be
targeted for political persecution in Zaire.
9.6 In the circumstances, the Committee considers that substantial grounds
exist for believing that the author would be in danger of being subjected to
torture if returned to Zaire.
9.7 The Committee concludes that the expulsion or return of the author to Zaire
in the prevailing circumstances would constitute a violation of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
10. In the light of the above, the Committee is of the view that, in the
prevailing circumstances, the State party has an obligation to refrain from
forcibly returning Pauline Muzonzo Paku Kisoki to Zaire.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
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