CAT/C/40/D/311/2007 Page 10 complainant has submitted an attestation issued by the Vitebsk police to the effect that he is not sought in Belarus. On the issue of the burden of proof, the Committee recalls its jurisprudence to the effect that it is normally for the complainant to present an arguable case and that the risk of torture must be assessed on grounds that go beyond mere theory and suspicion3. 9.6 On the basis of all the information submitted, the Committee is of the view that the complainant has not provided sufficient evidence that would allow it to consider that he faces a foreseeable, real and personal risk of being tortured if he is expelled to his country of origin. 9.7 As to the complainant’s allegations that he would be at risk of torture in case of his deportation to Ukraine, the Committee has noted the State party’s affirmation that given that the complainant is Belarusian national, he could not be expelled to Ukraine, but only to Belarus. In the circumstances, the Committee considers that it does not need to examine this part of the communication. 10. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, therefore concludes that the return of the complainant to Belarus would not constitute a breach of article 3 of the Convention by the State party. [Adopted in English, French, Russian and Spanish, the English text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee's annual report to the General Assembly.] ----- 3 See communications No. 256/2004, M.Z. v. Sweden, Views adopted on 12 May 2006, para. 9.3; No. 214/2002, M.A.K. v. Germany, Views adopted on 12 May 2004, para. 13.5; and No. 150/1999, S.L. v. Sweden, Views adopted on 11 May 2001, para. 6.3.