CAT/C/20/D/61/1996 page 5 5.4 Under Chapter 8, Section 10, of the Act, the Immigration Board and the Aliens Appeals Board may stay the enforcement of an expulsion order when particular reasons exist for doing so. Pursuant to Chapter 8, Section 13, of the Aliens Act, the police authority is to inform the Immigration Board if it finds that enforcement cannot be carried out. As of 1 January 1997, the Act provides a legal basis for complying with an interim request made by an international judicial organ not to deport an asylum seeker. 6.1 Regarding admissibility of the communication, the State aware of the present matter being or having been investigated procedure of international investigation. It further submits authors can apply, under Chapter 2, Section 5 b of the Aliens re-examination, if new circumstances exist. party is not by another that the Act, for a 6.2 Finally, the State party submits that the communication is inadmissible as being incompatible with the provisions of the Convention. 7.1 As to the merits of the communication, the State party refers to the Committee's jurisprudence in the case of Mutombo v. Switzerland 1 and Kisoki v. Sweden, 2 and the criteria established by the Committee, first, that the general situation of human rights in a country must be taken into account, but the existence of a consistent pattern of gross, flagrant or mass violations of human rights is not in and of itself determinative; second, that the individual concerned must personally be at risk of being subjected to torture; and, third, that such torture must be a necessary and foreseeable consequence of the return of the person to his or her country. 7.2 With reference to the general situation of human rights in Zaire, the State party acknowledges that the situation is far from acceptable, and that the State is losing control. The State party submits, however, that the situation with respect to political persecution has slightly improved since the middle of 1994. The State party submits that at present there is no systematic persecution in Zaire of members of the UDPS, and that on the contrary, a great number of opposition parties act without being at risk of being exposed to persecution. Furthermore, according to recent information provided by UNHCR, only those playing an active political role at the national level risk being harassed and not ordinary active members of a party or local party leaders. Especially members of the UDPS appear to be free from persecution at the moment. 7.3 The State party submits that it is a different matter that members of the army and of the security forces may act arbitrarily and commit atrocities during interrogation of detainees. But in the State party's view the risk for a returned asylum seeker of being subjected to torture is not significantly greater than for the population in general. 7.4 The State party refers to its own legislation which reflects the same principle as that of article 3 of the Convention. The State party's authorities thus apply the same test as the Committee in deciding on the return of a person to his or her country. The State party recalls that the mere possibility that a person be subjected to torture in his or her country of origin does not suffice to prohibit his or her return as being incompatible