return a person to another State where there are substantial grounds for believing that he would be in danger
of being subjected to torture.
6.3
The Committee must decide, pursuant to article 3, paragraph 1, whether there are substantial grounds
for believing that the author would be in danger of being subjected to torture upon return to the Democratic
Republic of the Congo. In reaching this decision, the Committee must take into account all relevant
considerations, pursuant to article 3, paragraph 2, 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. 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 or her return to the country. There must be other grounds
indicating 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 might not be subjected to torture in his
or her specific circumstances.
6.4
The Committee recalls its general comment on the implementation of article 3 which reads:
"Bearing in mind that the State party and the Committee are obliged to assess whether there are
substantial grounds for believing that the author would be in danger of being subjected to torture were
he/she to be expelled, returned or extradited, the risk of torture must be assessed on grounds that go
beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly
probable". (A/53/44, annex IX, para. 6)
6.5
In the present case, the Committee notes that the State party draws attention to a number of
inconsistencies and contradictions in the author's account, casting doubt on the truthfulness of his allegations.
It also notes the explanations provided by counsel in that respect.
6.6
The Committee finds the arguments advanced by the author in support of his allegations of being
tortured before fleeing the Democratic Republic of the Congo to be inconsistent and unconvincing.
6.7
The Committee also finds that it has not been given enough evidence by the author to conclude that
the latter would run a personal, real and foreseeable risk of being tortured if returned to his country of origin.
6.8
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 decision of the State party
to return the author to the Democratic Republic of the Congo does not constitute a breach of article 3 of the
Convention.
[Done in English, French, Russian and Spanish, the French text being the original version.]
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