相反，没有一贯严重、公然和大规模侵犯人权的情况并不意味着该个人就其具体情况来说不会遭受酷刑。
Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person might not be subjected to torture in his or her specific circumstances.
7.3 委员会回顾到其关于执行第3条的第1号一般性意见。
7.3 The Committee recalls its general comment No. 1 on the implementation of article 3, in which it states that it is obliged to assess whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if he or she were returned to the country concerned, and that the existence of such a risk must be assessed on grounds that go beyond mere theory or suspicion.
委员会在该意见称其有义务评估是否有充分理由认为申诉人如返回有关国家将有遭受酷刑的危险；评估这类危险是否存在，决不能仅仅根据理论或怀疑。
7.3 The Committee recalls its general comment No. 1 on the implementation of article 3, in which it states that it is obliged to assess whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if he or she were returned to the country concerned, and that the existence of such a risk must be assessed on grounds that go beyond mere theory or suspicion.
尽管不必证明危险极有可能发生，但危险必须是涉及个人的和实际存在的。
While the risk does not have to meet the test of being highly probable, the danger must be personal and present.
委员会还注意到，缔约国辩称在申诉人的关押与其逃离本国之间没有时间上的联系，申诉人的陈述含有许多矛盾之处。
It also notes that the State party contends that there is no temporal link between the complainant's detention and his flight from the country, and that the complainant's statements contain many inconsistencies and contradictions.
它注意到申诉人在这方面提供的资料，特别是关于他在第一次面谈中感到紧张以及他向瑞士申请庇护的证明文件。
It takes note of the information supplied by the complainant in that regard, particularly that he had been ill at ease during his first interview, as well as the documents supporting his application for asylum in Switzerland.
7.4 然而，抛开他的过去活动不说，申诉人已经向委员会提交了来自于欧洲的利比亚难民组织的证明书，证明他对那些组织提供了支持，他在离开阿拉伯利比亚民众国以前的早期政治活动，以及他与那些在阿拉伯利比亚民众国被禁止、并且成员受到迫害的反对派宗教组织的关系。
7.4 Nevertheless, and leaving aside his past activities, the complainant has submitted to the Committee in connection with this communication attestations from organizations of Libyan refugees in Europe indicating the support he has provided to their organizations, as well as his earlier political activities before he left the Libyan Arab Jamahiriya, and his relations with opposition religious movements which are banned in the Libyan Arab Jamahiriya and whose members are persecuted.
申诉人也提到了与利比亚驻日内瓦的领事官员的会见。
The complainant has also referred to meetings with representatives of the Libyan consular authorities in Geneva, who had objected to his having lodged a request for political asylum.
后者反对他提出政治庇护申请。
The complainant has also referred to meetings with representatives of the Libyan consular authorities in Geneva, who had objected to his having lodged a request for political asylum.
最后，他提交了一份日内瓦医院伤害后精神紧张症专家2006年4月24日诊断书的复本，确认申诉人的身体伤害、精神状况与他在接受医疗检查时所说的虐待之间因果关系。
Lastly, he has submitted a copy of a medical certificate dated 24 April 2006 in which a specialist in post-traumatic disorders from a Geneva hospital identified a causal link between the complainant's bodily injuries, his psychological state and the ill-treatment he described at the time of his medical examination.
根据那位医生，申诉人在目前的精神状态下不能够被强制遣返回阿拉伯利比亚民众国，这种强制行动肯定会对其健康造成伤害。
According to this doctor, in his present psychological state, the complainant does not appear capable of coping with a forcible return to the Libyan Arab Jamahiriya, and such coercive action would entail a definite risk to his health.
缔约国在这方面没有发表意见。
The State party has made no comments in this regard.
在本案的具体情况下，特别是根据上述提到的医疗报告中关于酷刑对申诉人所造成严重后果的报告、他离开阿拉伯利比亚民众国以后的政治活动(如上文第2.4和5.3段所述的)，以及关于这类活动分子被迫返回阿拉伯利比亚民众国后的普遍遭遇的一贯报道，委员会认为，缔约国没有能够向委员会提供充分令人信服的论点，证明如果申诉人被迫返回阿拉伯利比亚民众国将完全不存在遭受酷刑的危险。
In the specific circumstance of this case, and in particular in the light of the findings in the above-mentioned medical report on the presence of serious after-effects of the acts of torture inflicted on the complainant, his political activities subsequent to his departure from the Libyan Arab Jamahiriya (as described in paragraphs 2.4 and 5.3 above), and the persistent reports concerning the treatment generally meted out to such activists when they are forcibly returned to the Libyan Arab Jamahiriya, the Committee considers that the State party has not presented to it sufficiently convincing arguments to demonstrate a complete absence of risk that the complainant would be exposed to torture if he were to be forcibly returned to the Libyan Arab Jamahiriya.
8. 根据《公约》第22条第7款，禁止酷刑委员会认为将申诉人强制遣返回阿拉伯利比亚民众国将构成瑞士侵犯其根据《公约》第3条所享有的权利。
The Committee against Torture, acting under article 22, paragraph 7, of the Convention, is of the view that the forcible return of the complainant to the Libyan Arab Jamahiriya would constitute a breach by Switzerland of his rights under article 3 of the Convention.
9. 根据议事规则第112条第5款，委员会请缔约国在送达本决定日期90天内，说明其根据上述意见所采取的行动。
In pursuance of rule 112, paragraph 5, of its rules of procedure, the Committee invites the State party to inform it, within 90 days from the date of the transmittal of this decision, of the steps it has taken in accordance with the above observations.
a 关于这一问题，另见本决定第5.1段。
Communication No.
提 交 人： Elif Pelit女士(由律师代理)
Submitted by: Ms. Elif Pelit (represented by counsel)
所涉缔约国： 阿塞拜疆
State party: Azerbaijan
申诉日期： 2005年9月21日(首次提交)
Date of the complaint: 21 September 2005 (initial submission)
结束了对根据《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》第22条以Elif Pelit女士的名义向禁止酷刑委员会提交的第281/2005号申诉的审议，
Having concluded its consideration of complaint No. 281/2005, submitted to the Committee against Torture on behalf of Ms. Elif Pelit under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
根据《禁止酷刑公约》第22条第7款通过了如下决定：
Adopts the following decision under article 22, paragraph 7, of the Convention against Torture.
1.1 申诉人Elif Pelit女士是库尔德血统的土耳其公民，生于1972年，在提交来文时正面临从阿塞拜疆递解到土耳其； 她声称，如果她被强迫遣返到土耳其，她会面临违反《公约》第3条的酷刑风险。
1.1 The complainant is Ms. Elif Pelit, born in 1972, a Turkish national of Kurdish origin, who at the time of submission of the communication was facing deportation from Azerbaijan to Turkey; she claimed that, in the case of her forced removal to Turkey, she would risk torture in violation of article 3 of the Convention.
她由律师代理。
She is represented by counsel.
1.2 通过2005年9月22日的普通照会，委员会将申诉以及临时措施问题特别报告员根据委员会《议事规则》第108条第1款提出的关于在委员会审议她的申诉期间不要将其驱逐至土耳其的要求一并送达了缔约国。
1.2 By note verbale of 22 September 2005, the Committee transmitted the complaint to the State party, together with a request, under rule 108, paragraph 1, of the Committee's rules of procedure from the Special Rapporteur on Interim Measures not to deport the complainant to Turkey, while her complaint is under consideration.