CAT/C/30/D/192/2001
page 9
procedure of international investigation or settlement. It also notes that the State party has not
contested admissibility. It therefore considers that the complaint is admissible. As both the State
party and the complainants have provided observations on the merits of the complaint, the
Committee proceeds with the consideration of those merits.
6.2
The issue before the Committee is whether the return of the complainants to Syria would
violate the obligation of the State party under article 3 of the Convention not to expel or return a
person to a State where there are substantial grounds for believing that he or she 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 complainants would be in danger of being subjected to
torture if they were returned to Syria. 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 No. 1 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. 299).
6.5
In this case the Committee notes that the State party draws attention to blatant
inconsistencies and contradictions in the accounts and submissions by the complainants, casting
doubt on the veracity of their allegations. It also takes note of the information supplied in this
regard by the complainants.
6.6
Regarding the allegations of ill-treatment and torture in Syria, the Committee notes that
only Mr. H. states that he suffered such treatment while imprisoned in Tadmur prison between
1 November 1987 and 31 March 1988, and that he remained in the country undisturbed until his
departure in 1998.
6.7
Regarding the complainants’ political activities, the Committee notes, firstly, that only
Mr. H. reports such an involvement in Syria. Secondly, in view of the complainants’
contradictions and inconsistencies and the serious doubts as to the authenticity of the internal
memorandum from the Syrian security service of 21 August 1998 and of the Al Hasakah court
judgement of 20 May 1999, the Committee considers that the complainant has not established,