- 122 7.
In accordance with article 3, paragraph 1, of the Convention, the Committee has to
determine whether there are substantial grounds for believing that the complainant would be in
danger of being subjected to torture if returned to Georgia. In order to do this, the Committee
must, in accordance with article 3, paragraph 2, take into account all relevant considerations,
including the existence of a consistent pattern of gross, flagrant or mass violations of human
rights.
8.
However, the Committee has to determine whether the person concerned would be
personally at risk of being subjected to torture in the country to which he or she would be
expelled. Consequently, the existence of a consistent pattern of gross, flagrant or mass violations
of human rights in a particular country does not in itself constitute a sufficient ground for
concluding that a particular person would be in danger of being subjected to torture after
returning to his or her country; additional grounds must exist in order to conclude that the person
concerned is personally at risk.
9.
In the present case, therefore, the Committee has to determine whether the expulsion of
the complainant to Georgia would have the foreseeable consequence of exposing her to a real
and personal risk of being arrested and tortured.
10.
The State party has pointed to inconsistencies in the complainant’s statements which in
its opinion cast doubt on the veracity of her allegations. The Committee reaffirms its
jurisprudence that torture victims cannot be expected to recall entirely consistent facts relating to
events of extreme trauma. But they must be prepared to advance such evidence as there is in
support of such a claim. The political activities that the complainant claims to have carried out
since she became a member of the Zwiadists are not of such a nature as to conclude that she risks
being tortured upon her return. Nor does any of the information provided reveal that the
complainant risks being subjected to torture because of her husband’s partisan work and
execution by the governmental forces. This view is further supported by the fact that the
complainant was not the object of interest by Georgian authorities after she was released from
detention in 1993, and until she left the country in 1996. In this respect, the Committee does not
attach importance to the neighbours’ declaration that the complainant was persecuted while
residing in Gegetjkori from 1994 to her departure in 1996, since she did not submit this
allegation until 29 October 1998, more than two and a half years after she lodged her initial
application for asylum.
11.
On the basis of the above considerations, the Committee considers that the complainant
has not substantiated her claim that she risks being subjected to torture upon return to Georgia.
12.
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 removal of the complainant to Georgia would not constitute a breach of article 3 of the
Convention.
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