2.9 In January 1998, the United Nations Special Rapporteur on Sudan reported that the authorities, security forces and militia were responsible for a broad range of human rights violations. In April 1998, the United Nations Commission on Human Rights again expressed deep concern over continued serious human rights violations. For the fourth year running, the Commission recommended deploying human rights field officers to monitor human rights. 2.10 The complainant alleges that although much of the religious persecution has been directed against non-Muslims, the fundamentalist nature of the current regime is such that many Muslims, including the Sufis, are not free to practise their own brand of Islam under the NIF regime. The Ansar (consisting largely of Sufis) have been subjected to government control with the confiscation of their mosques. In addition, Muslim groups critical of the Government continue to suffer harassment.b On the political level, the complainant submits that contrary Islamist political opinions, including centrist Islamic parties such as the Umma are not tolerated. 2.11 According to the complainant, there is evidence that military deserters will face torture and death. Amnesty International reported in April 1998 that: “Scores of student conscripts died as hundreds of youths broke out of a military training camp at al-Ayfun near Khartoum. The authorities announced that more than 50 deserters had drowned trying to cross the Blue Nile. However, other reports said that over 100 were killed, many of whom had been shot and others beaten to death.” He also submits that both the UNHCR and Amnesty International have reported on the detention centres in Sudan and on the risk of ill-treatment and torture, in particular during interrogation in security offices.c According to the complainant, “a failed Sufi”, Umma Party asylum-seeker, who has spent considerable time in the West, and who has qualified in law, whether or not his military service has been completed, would face considerable difficulty on return to Sudan. The complaint 3. A.K. claims that his forced repatriation to Sudan would violate his rights under article 3 of the Convention, as there are substantial grounds for believing that he would be in danger of being subjected to torture. In support of his claim, he argues that his religion, his prior political activities, and the fact that he is a military deserter, puts him at a real personal risk of being subjected to torture. That he fled the country to avoid conscription would expose him to a threat of execution on return. Finally, he claims that if he were sent back he would be required to serve with the PDF and would be forced to fight against his will in the civil war. The State party’s submission 4.1 By submission of 7 November 2000, the State party contests the admissibility and merits of all aspects of the complaint. On admissibility, the State party submits that the complainant has failed to substantiate his claim, misinterpreted the scope of its obligation under article 3, and failed to establish a substantial and personal risk of torture. 4.2 The State party invites the Committee to decide that findings of fact by domestic bodies, that are relevant to the assessment of risk under article 3, will be accepted by the Committee unless there is clear evidence of manifest arbitrariness, injustice or a violation of judicial independence or impartiality. It submits that the interpretation and application of domestic law is primarily a matter for national courts and generally not appropriate for review by the Committee. It further argues that the RRT is independent and experienced in the review 125

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