CAT/C/28/D/185/2001
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Convention that the same matter has not been, and is not being examined under another
procedure of international investigation or settlement. The Committee notes that the State party
has not objected to the admissibility of the communication, and proceeds therefore to the
examination of the merits of the case.
8.
In accordance with article 3, paragraph 1, of the Convention, the Committee has to
determine whether there are substantial grounds for believing that he would be in danger of
being subjected to torture if returned to Tunisia. 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.
Furthermore, the Committee has to determine whether the expulsion of Mr. Karoui to Tunisia
would have the foreseeable consequence of exposing him to a real and personal risk of being
arrested and tortured, especially in view of an in absentia judgement against him.
9.
The Committee refers to its consideration of the report submitted by Tunisia, in 1997,
where it expressed concern over the reported widespread practice of torture and other cruel and
inhuman treatment perpetrated by police and security forces. Later human rights reports from
reliable sources suggest that a pattern of detention, imprisonment, torture and ill-treatment of
persons accused of political opposition activities, including links with the Al-Nahdha Movement,
still exist in Tunisia.
10.
The Committee notes the State party’s arguments that the inconsistencies in the
information provided by the complainant in the asylum process in Sweden cast doubts on the
veracity of his claim. However, the Committee attaches importance to the explanations for these
inconsistencies given by the complainant, and reiterates its jurisprudence that complete accuracy
is seldom to be expected from victims of torture. The Committee finds it impossible to verify
the authenticity of some of the documents provided by the complainant. However, in view of the
substantive reliable documentation he has provided, including medical records, a support letter
from Amnesty International, Sweden, and an attestation from the Al-Nahdha chairman, the
complainant should be given the benefit of the doubt, since he has provided sufficient reliable
information for the burden of proof to shift. The Committee attaches importance to the
medico-legal reports of past torture, and an assessment of the risk that the complainant may be
subjected to torture if he is returned to Tunisia and detained, pursuant to the judgement
of 15 September 1999, or consequent to his record of being a member of the Al-Nahdha and a
political opponent to the existing Government in Tunisia.
11.
In the circumstances, the Committee considers that substantial grounds exist for believing
that the complainant may risk being subjected to torture if returned to Tunisia.
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 Mr. Karoui to Tunisia would constitute a breach of article 3 of the
Convention.