CAT/C/32/D/148/1999
Page 6
“Scores of student conscripts died as hundreds of youths broke out of a
military training camp at al-Ayfun near Khartoum. The authorities announced
that more than 50 deserters had drowned trying to cross the Blue Nile.
However, other reports said that over 100 were killed, many of whom had
been shot and others beaten to death.” He also submits that both the UNHCR
and Amnesty International have reported on the detention centres in Sudan
and on the risk of ill-treatment and torture, in particular during interrogation in
security offices 3 . According to the complainant, “a failed Sufi”, Umma Party
asylum seeker, who has spent considerable time in the West, and who has
qualified in law, whether or not his military service has been completed,
would face considerable difficulty on return to Sudan.
The complaint:
3. A. K. claims that his forced repatriation to Sudan would violate his rights
under article 3 of the Convention, as there are substantial grounds for
believing that he would be in danger of being subjected to torture. In support
of his claim, he argues that his religion, his prior political activities, and the
fact that he is a military deserter, puts him at a real personal risk of being
subjected to torture. That he fled the country to avoid conscription would
expose him subject to a threat of execution on return. Finally, he claims that if
he were sent back he would be required to serve with the PDF and would be
forced to fight against his will in the civil war.
The State party’s submission:
4.1 By submission of 7 November 2000, the State party contests the
admissibility and merits of all aspects of the complaint. On admissibility, the
State party submits that the complainant has failed to substantiate his claim,
misinterpreted the scope of its obligation under article 3, and failed to
establish a substantial and personal risk of torture.
3
He refers to Amnesty International’s Urgent Action 21 January 1997.