individual concerned would be personally at risk of
being subjected to torture in the country to which he
or she would return. It follows that 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 return to that country;
additional grounds must exist to show 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 cannot be considered to be in danger of
being subjected to torture in his or her specific
circumstances.
inconsistencies in the author’s story, but the
Committee considers that complete accuracy is
seldom to be expected by victims of torture and that
the inconsistencies that exist in the author’s
presentation of the facts do not raise doubts about
the general veracity of his claims, especially since it
has been demonstrated that the author suffers from
post-traumatic stress disorder. Further, the
Committee has noted from the medical evidence that
the scars on the author’s thighs could only have been
caused by a burn and that this burn could only have
been inflicted intentionally by a person other than
the author himself.
10.4 The Committee is aware of the serious human
rights situation in Iran, as reported, inter alia, to the
Commission on Human Rights by the Commission’s
Special Representative on the situation of human
rights in Iran. The Committee notes the concern
expressed by the Commission, in particular in
respect of the high number of executions, instances
of torture and cruel, inhuman or degrading treatment
or punishment.
10.2 The Committee has noted the State party’s
assertion that its authorities apply practically the
same test as prescribed by article 3 of the
Convention when determining whether or not a
person can be deported. The Committee, however,
notes that the text of the decisions taken by the
Immigration Board (26 November 1990) and the
Aliens Appeal Board (3 July 1992 and 25 August
1995) in the author’s case does not show that the test
as required by article 3 of the Convention (and as
reflected in chapter 8, section 1, of the 1989 Aliens
Act) was in fact applied to the author’s case.
10.5 In the circumstances, the Committee considers
that substantial grounds exist for believing that the
author would be in danger of being subjected to
torture if returned to Iran.
11. In the light of the above, the Committee is of
the view that, in the prevailing circumstances, the
State party has an obligation to refrain from forcibly
returning Mr. Kaveh Yaragh Tala to Iran or to any
other country where he runs a real risk of being
expelled or returned to Iran.
10.3 In the present case, the Committee considers
that the author’s political affiliation with the
People’s Mujahedin Organization and activities, his
history of detention and torture should be taken into
account when determining whether he would be in
danger of being subjected to torture upon his return.
The State party has pointed to contradictions and
Communication N° 39/1996
Submitted by: Gorki Ernesto Tapia Páez
Alleged victim: The author
State party: Sweden
Date of adoption of Views: 28 April 1997
Subject matter: deportation of complainant to Peru
with alleged risk of torture
his forced return to Peru would constitute a violation
by Sweden of article 3 of the Convention against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He is represented by
counsel.
Procedural issue: none
Substantive issues: risk of torture after deportation to
receiving State; exception for serious crimes
The facts as submitted by the author
Article of the Convention: 3
2.1 The author states that since 1989 he has been a
member of Shining Path, an organization of the
Communist Party of Peru. On 2 April 1989, he was
arrested during a razzia at the university where he
was studying. He was taken to the police station for
1.
The author of the communication is Mr. Gorki
Ernesto Tapia Páez, a Peruvian citizen, born on 5
October 1965, at present residing in Sweden, where
he is seeking recognition as a refugee. He claims that
31
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