CAT/C/71/D/908/2019
home country and expose him to the risk of persecution if returned. 29 However, the
Committee also notes that the State party, following the examination by the Migration Court,
claims that the complainant did not plausibly demonstrate either that he had been subjected
to threats from his family or the rest of the Afghan society, or that the Afghan authorities or
anyone else in Afghanistan had become aware that he was a Christian convert. The
Committee notes that the complainant has not presented any concrete information to rebut
the State party’s arguments, beyond his general remarks. He only indicates that he has been
involved in Christian activities based on his genuine conviction and that he openly shared his
faith, which is insufficient for the Committee to conclude that there is a foreseeable, personal,
present and real risk of torture and ill-treatment.
8.11 In the light of the above, the Committee considers that the complainant has not
adduced sufficient grounds for it to conclude that he runs a foreseeable, personal, present and
real risk of being subjected to torture upon return to Afghanistan. Furthermore, the
complainant has not demonstrated that the State party’s authorities failed to conduct a proper
investigation into his allegations within the domestic proceedings. Consequently, the
Committee considers that the evidence on file does not enable it to conclude that the return
of the complainant to Afghanistan would constitute a violation of article 3 of the Convention.
9.
The Committee, acting under article 22 (7) of the Convention, concludes that the
complainant’s removal to Afghanistan by the State party would not constitute a violation of
article 3 of the Convention.
29
The complainant, in early proceedings for asylum, referred to threats from the Taliban, on account of
his past conflict with the Taliban and his ethnic origin, however for the purposes of the present
complaint, he only asserts the threats due to his religious conversion. Thus, the Committee only
makes an observation on the threats against the complainant as a Christian convert.
11