CAT/C/34/D/194/2001
page 10
exercise, however, is to determine whether the individual concerned would be personally at risk
of being subjected to torture in the country to which he would return. Hence the existence of a
consistent pattern of gross, flagrant or mass violations of human rights 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. Conversely, the absence of a
consistent pattern of gross violations of human rights does not mean that a person is in no
danger of being subjected to torture in the specific circumstances of his case.
9.3
The issue before the Committee is whether, on the date of the enforcement of the removal
measure, the French authorities could have considered that the complainant would be exposed to
real risks in the event of her expulsion. In making a determination, the Committee takes into
consideration all the facts submitted by the author and the State party. Consideration of the facts
shows that the author has failed to satis fy the burden of proof and demonstrate in that expulsion
to Spain placed her at personal risk of torture at the time of her expulsion. In this regard the
evidence submitted by the author is insufficient, in that the primary focus is an allegation that she
was tortured 17 months after being expelled from the State party.
9.4
The fact of torture does not, of itself, necessarily violate article 3 of the Convention, but it
is a consideration to be taken into account by the Committee. The facts as submitted to the
Committee show that the author, on her return to Spain, recovered her health without any
interference and took an active part in political developments in the country, promoting her
views without any need for secrecy or flight. Some 17 months went by before the alleged acts of
torture. The author offers no convincing explanation of why her certain risk of torture, inter alia
because of her familiarity with intelligence of vital importance to the security of the Spanish
State, did not lead to immediate action against her. Neither does the author submit evidence
concerning events in Spain prior to her expulsion from French territory that might lead the
Committee to establish the existence of a substantiated risk. The author has not demonstrated
any link between her expulsion and the events that took place 17 months later.
9.5
There being insufficient evidence of a causal link between the expulsion of the
complainant in 1999 and the acts of torture to which she claims to have been subjected in 2001,
the Committee considers that the State party cannot be said to have violated article 3 of the
Convention in enforcing the expulsion order.
10.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention,
consequently concludes that the expulsion of the complainant to Spain did not constitute a
violation of article 3 of the Convention.
[Adopted in English, French, Spanish and Russian, the French text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]