CAT/C/31/D/153/2000
Page 8
with the Committee’s jurisprudence and despite the allegations of the complainant in
regard to the situation in Algeria outlined in paragraph 3.4 above, 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
The Committee notes that the petitioner invokes protection under article 3 of
the Convention on the ground that he is personally at danger of being arrested and
tortured in connection with his and his relatives’ support for the FIS. His alleged
connections with the FIS date back to 1992, when he was detained and interrogated
for 45 minutes. It is not submitted that the complainant was tortured or prosecuted for
his connections with the FIS before leaving for Saudi Arabia. The complainant has
not satisfied the burden placed upon him to support his claim that there are
substantial grounds for believing that he would be in danger of being subjected to
torture, and that Algeria is a country, where a consistent pattern of gross,
flagrant or mass violations of human rights exist.
6.3
In the present case, the Committee also notes that the political activities of the
complainant's brother-in-law took place about 10 years ago, and that they may not in
themselves constitute a risk for the complainant himself to be subjected to torture,
should he be returned to Algeria. It further observes that the complainant’s alleged
fear for military recall is not relevant to the issue under consideration.
6.4
The Committee recalls that, for the purposes of article 3 of the Convention, a
foreseeable, real and personal risk must exist of being tortured in the country to which
a person is returned or, as in this case, a third country where it is foreseeable that he
subsecuently may be expelled. On the basis of the above considerations, the
Committee considers that the complainant has not presented sufficient evidence to
convince it that he would face a personal risk of being subjected to torture in the event
of his return to Algeria.
6.5
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 South Africa, on the
basis of the information submitted, did not entail a breach of article 3 of the
Convention.
[Adopted in English, French, Spanish and Russian, the English text being the original
version. Subsequently to be issued in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]