objects to admissibility on the grounds that the complainant has not established a prima facie case of a violation of article 3, but the
Committee is of the view that the complainant has provided sufficient information in substantiation of his claim to consider his
complaint on the merits. As the Committee sees no further obstacles to the admissibility of the complaint, it declares the complaint
admissible and proceeds to its consideration on the merits.
Consideration on the merits
6.1 The Committee must decide whether the forced return of the complainant to Sudan would violate the State party’s obligation,
under article 3, paragraph 1, of the Convention, not to expel or return (refouler) an individual to another State where there are
substantial grounds for believing that he would be in danger of being subjected to torture. To reach its conclusion, the Committee
must take into account all relevant considerations, including the existence in the State concerned of a consistent pattern of gross,
flagrant or mass violations of human rights. The aim, however, is to determine whether the individual concerned would personally risk
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 sufficient grounds for determining whether the particular person
would be in danger of being subjected to torture upon his return to that country; additional grounds must be adduced 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 cannot be considered to be in danger of being subjected to torture in his or her specific circumstances.
6.2 In assessing the risk of torture in the complainant’s case, the Committee notes the substantial inconsistencies in the complainant’s
evidence throughout the proceedings, highlighted by the State party, which, in this case, was considered in depth by the Refugee
Review Tribunal on two separate occasions. It observes that the complainant has not explained nor given any reasons for these
inconsistencies and notes paragraph 8 of its general comment No. 1, pursuant to which questions about the credibility of a
complainant, and the presence of relevant factual inconsistencies in his claim, are pertinent to the Committee’s deliberations as to
whether the complainant would be in danger of being tortured upon return.
6.3 Concerning the allegations of political involvement and previous ill-treatment at the hands of the Sudanese authorities as grounds
for fearing that the complainant would be subjected to torture on return, the Committee notes that even if it were to discount the
above-mentioned inconsistencies and accept these claims as true, the complainant does not claim to have been politically involved
since 1992, and at no time during the domestic proceedings nor in his complaint to the Committee did he claim to have been tortured
by the Sudanese authorities.
6.4 On the issue of his alleged desertion, the Committee notes that the State party did examine the letter, dated 1 June 1996, in which
the complainant was allegedly drafted by the PDF, but considered it not to be genuine. The Committee considers that due weight
must be accorded to findings of fact made by domestic, judicial or competent government authorities unless it can be demonstrated
that such findings are arbitrary or unreasonable. Even if the Committee were to consider that the complainant is a deserter or evaded
the draft, he has not demonstrated that he would be subjected to torture upon his return to Sudan. The Committee observes that the
State party considered a significant amount of information from various different sources before arriving at this conclusion.
6.5 The Committee notes the claim that if returned to Sudan, the complainant would be compelled to perform military service, despite
the fact that he is a conscientious objector, and the implication that this would amount to torture, as defined by article 3 of the
Convention. The Committee considers that the letter of 1 June 1996, the veracity of which has been challenged, as well as the
complainant’s allegation that opponents of the regime are called up to fight in the civil war, is insufficient to demonstrate that he either
is a conscientious objector or that he would be drafted on return to Sudan. As with the other reasons for claiming a fear of torture on
return, the State party’s evaluation of the facts in this respect has not been shown to be unreasonable or arbitrary.
6.6 On the basis of the foregoing, the Committee considers that the complainant has not provided a verifiable basis to conclude that
substantial grounds exist for believing that he would face a foreseeable, real and personal risk of being subjected to torture upon his
return to Sudan, within the meaning of article 3 of the Convention.
7. 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 the complainant to Sudan would not constitute a breach of
article 3 of the Convention.
Notes
Communication No. 153/2000
Submitted by:Z.T. (represented by Ms. Angela Cranston)
Alleged victim:R.T.
State party:Australia
Date of complaint:4 January 2000 (initial submission)
The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Meeting on 11 November 2003,
Having concluded its consideration of complaint No. 153/2000, submitted to the Committee against Torture by Ms. Z.T. under
article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
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